HomeMy WebLinkAbout03262024 Heritage Preservation Commission Agenda PacketPage 1 of 2
HERITAGE PRESERVATION COMMISSION
SPECIAL MEETING
March 26, 2024
9:00 AM SPECIAL MEETING
Public Participation Information
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of
the public may participate in this meeting in person at the location listed below or via remote
attendance using the Zoom information below.
1.Attending the meeting in person at the City Hall Linda Callon Conference Room,
located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR
2.Accessing the meeting through Zoom
•Using the Zoom website https://us02web.zoom.us/j/89098380890 App
(Webinar ID 890 9838 0890) and using the tool to raise their hand in the
Zoom platform when directed by the Chair to speak on an agenda item; OR
•Calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand
to speak on an agenda item when directed by the Chair.
In accordance with the Americans with Disabilities Act and the Governor’s Executive Order,
if you need assistance to participate in this meeting due to a disability, please contact the
City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the
meeting. The City will use its best efforts to provide reasonable accommodations to provide
as much accessibility as possible while also maintaining public safety.
1.Call to Order
2.Roll Call- Sharon Boyce-Bender, Zhen Li, Margarete Minar, and Priya Shastri
3.Oral Communications
Any member of the public may address the Commission about any matter not on the
agenda for this meeting for up to three minutes. Commissioners may not comment
on the matter but may choose to place the topic on a future agenda.
4.Approval of the January 9, 2024 minutes
5.New Business
a.Certified Local Government (CLG) Annual Report
b.Mills Act Policy Update
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6. General Business
a. Project Status Worksheet
7. Commission Items
8. Staff Comments
a. National Preservation Month (May)
b. Blossom Festival (April 13th)
c. 2024.25 Workplan recap
9. Adjournment
In compliance with the Americans with Disabilities Act, if you are a disabled person and you
need a disability-related modification or accommodation to participate in this meeting,
please contact the City Clerk’s Office at (408) 868-1216 or bavrit@saratoga.ca.us Requests
must be made as early as possible and at least one full business day before the start of the
meeting.
Any recommendation made by the Heritage Preservation Commission may be appealed to
the Planning Commission within ten (10) days of the date of the decision. The appeal shall
be taken by filing with the Secretary of the Heritage Preservation Commission a written
notice and filing fee within ten (10) days of the date of the decision.
In accordance with the Ralph M. Brown Act, copies of the staff report, and other materials
provided to the Heritage Preservation Commission by City staff in connection with this
agenda are available at the office of the Community Development Department Director at
13777 Fruitvale Avenue, Saratoga, California 95070. Any materials distributed by staff after
the posting of the agenda are made available for public review at the office of the Director
at the time, they are distributed to the Heritage Preservation Commission.
CERTIFICATE OF POSTING OF AGENDA
I, Nicole Johnson, Senior Planner, for the City of Saratoga, declare that the foregoing agenda for
the meeting of the Heritage Preservation Commission was posted and available for public review
on March 21, 2024 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on
the City’s website at www.saratoga.ca.us
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HERITAGE PRESERVATION COMMISSION
REGULAR MEETING
DRAFT MINUTES
January 9, 2024
9:00 AM REGULAR MEETING
1.Call to Order
Chair Boyce Bender called the meeting to order at 9:00 AM
2.Roll Call
Present: Sharon Boyce-Bender, Priya Shastri, Margarete Minar, Zhen Li
Absent: None
Staff: Nicole Johnson, Senior Planner
3.Oral Communications
4.Approval of the October 10, 2023, and October 24, 2023 minutes
MINAR/SHASTRI MOVED TO APPROVE THE MINUTES FOR THE October 10th and
October 24, 2023 MEETINGS. MOTION PASSED. AYES: BOYCE-BENDER MINAR, LI
SHASTRI. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE
5.New Business
a.Election of Chair and Vice Chair
BOYCE-BENDER/SHASTRI MOVED TO NOMINATE MARGARETE MINAR AS
CHAIR. MOTION PASSED. AYES: MINAR, SHASTRI, BOYCE-BENDER, LI. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE
BOYCE-BENDER/MINAR MOVED TO NOMINATE PRIYA SHASTI AS VICE
CHAIR. MOTION PASSED. AYES: MINAR, SHASTRI, BOYCE-BENDER, LI. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE
6.General Business
a.Heritage Orchard Update
Matthew Sutton provided an update on the Heritage Orchard. The orchard is
currently dormant. Orchard Keepers has been maintaining the orchard for
four years now. Cover crops are growing slowly. Close to 400 trees were
planted last year. Total is close to 1,400 trees. The new trees should bear
fruit within 2-3 years of planting. Apricot and plum trees have a life span of
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about 40 years on average. Sutton provided an update on Oak root fungus.
b. Projects status worksheet
The commissioners discussed the project status worksheet.
7. Commission Items
Pryia Shastri provided an update of her discussion with the Parks and Recreation
Commission Heritage orchard sign update.
8. Staff Comments
Nicole Johnson discussed the upcoming changes to the Mills Act Policy and the HPC
will review and be able to provide comments on the draft changes before it is
presented before it City Council.
9. Adjournment
Chair Minar adjourned the meeting at 9:37 AM
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MEMORANDUM
MEETING DATE: March 26, 2024
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Senior Planner
SUBJECT: Item 5a-2022.23 Certified Local Government (CLG) Report
The 1980 amendments to the National Historic Preservation Act of 1966, provided
for the establishment of a Certified Local Government Program (CLG) to encourage
the direct participation of local governments in the identification, evaluation,
registration, and preservation of historic properties within their jurisdictions and
promote the integration of local preservation interests and concerns into local
planning and decision-making processes. The CLG program is a partnership among
local governments, the State of California (OHP), and the National Park Service (NPS)
which is responsible for administering the National Historic Preservation Program.
The 2022.23 annual CLG report from Saratoga is due by April 26, 2024. Please review
and provide any comments on the attached report.
Attachment:
1. CLG Annual Report 2022.23
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Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 1 Complete Se Name of CLG City of Saratoga Report Prepared by: Nicole Johnson Date of commission/board review: March 26, 2024 MINIMUM REQUIREMENTS FOR CERTIFICATION I. Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic Properties. A. Preservation Laws 1. Are you considering amending or revising your certified ordinance this year? No REMINDER: Pursuant to the CLG Agreement, the Office of Historic Preservation (OHP) must have the opportunity to review and comment on ordinance changes prior to adoption. Please communicate directly with the OHP Local Government Unit staff to coordinate the review. Changes that do not meet the CLG requirements could affect certification status. 2. Provide an electronic link to your ordinance or appropriate section(s) of the municipal/zoning code. https://library.municode.com/ca/saratoga/codes/code_of_ordinances?nodeId=CH13HEPR INSTRUCTIONS: This a Word form with expanding text fields and check boxes. It will probably open as Read-Only. Save it to your computer before you begin entering data. This form can be saved and reopened. Because this is a WORD form, it will behave generally like a regular Word document except that the font, size, and color are set by the text field. Start typing where indicated to provide the requested information. Click on the check box to mark either yes or no. To enter more than one item in a particular text box, just insert an extra line (Enter) between the items. Save completed form and email as an attachment to info.calshpo@parks.ca.gov. You can also convert it to a PDF and send as an email attachment. Use the Acrobat tab in WORD and select Create and Attach to Email. You can then attach the required documents to that email. If the attachments are too large (greater than 10 mb total), you will need to send them in a second or third email. 6
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 2 B. New Local Landmark Designations (Comprehensive list of properties/districts designated during the reporting. 1. During the reporting period, October 1, 2022 – September 30, 2023, what properties/districts have been locally designated? Reminder: Pursuant to California Government Code § 27288.2, “the county recorder shall record a certified resolution establishing an historical resources designation issued by the State Historical Resources Commission or a local agency, or unit thereof.” 2. What properties/districts have been de-designated this past year? For districts, include the total number of resource contributors. Property Name/Address Date Removed Reason N/A N/A N/A C. Historic Preservation Element/Plan 1. Do you address historic preservation in your general plan? ☐ No ☐ Yes, in a separate historic preservation element. x Yes, it is included in another element. Provide an electronic link to the historic preservation section(s) of the General Plan or to the separate historic preservation element. https://www.saratoga.ca.us/DocumentCenter/View/48/Land-Use-Element-Dated-June-6-2007-PDF D. Review Responsibilities 1. Who takes responsibility for design review or Certificates of Appropriateness? ☐ All projects subject to design review go the commission. ☒ Some projects are reviewed at the staff level without commission review. Property Name/Address Date Designated If a district, number of contributors Date Recorded by County Recorder 14275 Saratoga Ave June 7, 2023 N/A N/A 7
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 3 What is the threshold between staff-only review and full-commission review? The Heritage Preservation Commission reviews and comments upon all applications for building and demolition permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource or potential heritage resource if older than 50 years. 2. California Environmental Quality Act (CEQA) Explain the historic preservation staff and commission role in providing input to CEQA documents prepared for or by the local government. Typically, the Heritage Preservation Commission (HPC) reviews a proposed project that involves a historic resource prior to completion of the CEQA document. HPC comments are provided to the environmental consultant who prepares the CEQA document. Explain the staff and commission role in reviewing CEQA documents for projects that are proposed within the jurisdiction of the local government. When applicable, CEQA documents are sent to the HPC for their review and comment. 3. Section 106 of the National Historic Preservation Act Explain the staff and commission role in providing input to Section 106 documents prepared for, or by, the local government. When applicable, Section 106 documents are sent to the HPC for their review and comment There have been no federal related projects involving a Saratoga heritage resource this reporting period Explain the staff and commission role in reviewing Section 106 documents for projects that are proposed within the jurisdiction of the local government? If a project was subject to Section 106, the HPC would review and provide comments on the matter. II. Establish an Adequate and Qualified Historic Preservation Review Commission by State or Local Legislation. A. Commission Membership Name Professional Discipline Date Appointed Date Term Ends Email Address 8
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 4 Attach resumes and Statement of Professional Qualifications forms for all members. 1. If you do not have two qualified professionals on your commission, explain why the professional qualifications have not been met and how professional expertise is otherwise being provided. N/A 2. If all positions are not currently filled, why is there a vacancy, and when will the position be filled? Currently one vacancy - opened until filled. B. Staff to the Commission/CLG staff 1. Is the staff to your commission the same as your CLG coordinator? ☒ Yes ☐ No 2. If not, please provide the Commission staff member’s contact information. 3. If the position(s) is not currently filled, why is there a vacancy? Attach resumes and Statement of Professional Qualifications forms for staff. Sharon Boyce-Bender Principal, Boyce & Associates Property Manager 6/21 12/2027 Thebender4@gmail.com Margarete Minar Self-employed artist 1/23 12/2026 modra101@gmail.com Priya Shastri Couchbase (Senior Software Engineer). Saratoga Historical Foundation Nominee 1/21 12/2025 priya.shastri@gmail.com Zhen Li Software Engineer 1/23 12/2024 zhljen@gmail.com Rina Shah City Planner 12/2014 12/2023 rina_u_shah@yahoo.com Name/Title Discipline Dept. Affiliation Email Address Nicole Johnson/Senior Planner Urban and Regional Planning Community Development njohnson@saratoga.ca.us 9
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 5 C. Attendance Record Please complete the commission meeting attendance chart for each commissioner and staff member. Commissions are required to meet a minimum of four times a year. If you haven’t met at least four times, explain why not. D. Training Received Please indicate the specific training each commissioner received last year. Reminder: It is a CLG requirement that all commissioners and staff to the commission attend at least one training program relevant to your commission each year. It is up to the CLG to determine the relevancy of the training. Commissioner/Staff Name Training Title & Description (including method presentation, e.g., webinar, workshop) Duration of Training Training Provider Date Sharon Boyce-Bender The Mills Act from the consultant’s perspective 1 CPF 8/14/23 DPR Training 1 Evans and DeShazo, Inc 7/11/23 Margarete Minar Market Street Modernism Tour 1 CPF 9/23/23 DPR Training 1 Evans and DeShazo, Inc 7/11/23 Commissioner/Staff Oct Nov Dec Jan (cancelled) Feb Mar Apr (cancelled) May Jun Jul Aug (cancelled) Sep (cancelled) Sharon Boyce-Bender ☒ ☐ ☒ ☐ ☒ ☒ ☐ ☒ ☒ ☒ ☐ ☐ Margarete Minar ☐ ☐ ☐ ☐ ☒ ☒ ☐ ☒ ☐ ☒ ☐ ☐ Priya Shastri ☒ ☒ ☒ ☐ ☒ ☒ ☐ ☒ ☒ ☒ ☐ ☐ Zhen Li ☐ ☐ ☐ ☐ ☒ ☒ ☐ ☒ ☒ ☐ ☐ ☐ Rina Shah ☒ ☒ ☒ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ 10
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 6 Priya Shastri DPR Training 1 Evans and DeShazo, Inc 7/11/23 The Women Who Changed Architecture 1 CPF 8/8/23 Seismic Retrofit of Historic Homes 2 CPF 8/10/23 Posey Tube .5 CPF 8/10/23 Zhen Li DPR Training 1 Evans and DeShazo, Inc 7/11/23 Rina Shah Market Street Modernism Tour 1 CPF 9/23/23 Nicole Johnson (Laison) DPR Training 1 Evans and DeShazo 7/11/23 III. Maintain a System for the Survey and Inventory of Properties that Furthers the Purposes of the National Historic Preservation Act A. Historical Contexts: initiated, researched, or developed in the reporting year (excluding those funded by the OHP) Reminder: California CLG procedures require CLGs to submit survey results, including historic contexts, to the OHP. If you have not done so, submit an electronic copy or link if available online with this report. Context Name Description How it is Being Used Date Submitted to the OHP N/A Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. B. New Surveys or Survey Updates (excluding those funded by the OHP) Note: The evaluation of a single property is not a survey. Also, material changes to a property that is included in a survey, is not a change to the survey and should not be reported here. 11
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 7 Explain how you are using the survey data: Type here. IV. Provide for Adequate Public Participation in the Local Historic Preservation Program A. Public Education Has your CLG undertaken any public outreach, training, or publications programs this year? How were the commissioners and staff involved? Please provide an electronic link to all publications or other products not previously provided to the OHP. Item or Event Description Date Blossom Festival The HPC had an informational table at the Blossom Festival and provided historical information to the public. April 2023 Harvest Day The HPC had an informational table at the City’s Harvest Day event and provided historical information to the public. June 2023 National Preservation Month The HPC hosted events with the SHF to celebrate National Preservation Month. May 2023 Fourth of July Celebration The HPC had an informational table at the City’s Fourth of July event and provided historical information to the public. July 2023 Survey Area Context Based- yes/no Level: Reconnaissance or Intensive Acreage # of Properties Surveyed Date Completed Date Submitted to the OHP N/A Type here. Type here. Type here. Type here. Type here. Type here. 12
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 8 ADDITIONAL INFORMATION FOR NATIONAL PARK SERVICE ANNUAL PRODUCTS REPORTS FOR CLGS During the reporting period (October 1, 2022 – September 30, 2023) how many historic properties did your local government add to the CLG inventory? This is the total number of historic properties and contributors to districts (or your best estimate of the number) added to your inventory from all programs, local, state, and Federal, during the reporting year. This includes the National Register, California Register, California Historical Landmarks, locally funded surveys, CLG surveys, and local designations. Program area Number of Properties added N/A Type here. A. Local Register (i.e., Local Landmarks and Historic Districts) Program 1. During the reporting period (October 1, 2022 – September 30, 2023) did you have a local register program to create local landmarks and/or local districts (or a similar list of designations) created by local law? ☒Yes ☐ No 2. If yes, how many properties have been added to your register or designated from October 1, 2022, to September 30, 2023? One C. Local Property Tax Incentive Program 1. During the reporting period (October 1, 2022 – September 30, 2023) did you have a Mills Act program? ☒ Yes ☐ No 2. If yes, how many properties entered into a contract from October 1, 2022, to September 30, 2023? One Name of Program Number of Properties Added During 2022-2023 Total Number of Properties Benefiting From Program Mills Act One 17 D. Local “bricks and mortar” grants/loan program 1. During the reporting period (October 1, 2022 – September 30, 2023) did you have a local government historic preservation grant and/or loan program for rehabilitating/restoring historic properties? ☐Yes ☒No 13
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 9 2. If yes, how many properties have been assisted under the program(s) from October 1, 2022, to September 30, 2023? Name of Program Number of Properties that have Benefited Type here. Type here. E. Design Review/Local Regulatory Program 1. During the reporting period (October 1, 2022 – September 30, 2023) did your local government have a historic preservation regulatory law(s) (e.g., an ordinance) authorizing Commission and/or staff review of local government projects or impacts on historic properties? ☐ Yes ☒ No 2. If yes, how many historic properties did your local government review for compliance with your local government’s historic preservation regulatory law(s) from October 1, 2022, to September 30, 2023? F. Local Property Acquisition Program 1. During the reporting period (October 1, 2022 – September 30, 2023) did you have a local program to acquire (or help to acquire) historic properties in whole or in part through purchase, donation, or other means? ☐Yes ☒ No 2. If the answer is yes, then how many properties have been assisted under the program(s) from October 1, 2022, to September 30, 2023? Name of Program Number of Properties that have Benefited Type here. Type here. IN ADDITION TO THE MINIMUM CLG REQUIREMENT THE OHP IS INTERESTED IN YOUR TRAINING NEEDS Whether or not you were able to participate in any of the free CAMP trainings in 2021, would you like to see the OHP fund CAMPs from the NAPC in the future? 14
Certified Local Government Program -- 2022-2023 Annual Report (Reporting period is from October 1, 2022, through September 30, 2023) 10 What are your top three topics for future training provided by the OHP? XII Attachments (electronic) ☒ Resumes and Statement of Qualifications forms for all commission members/alternatives and staff ☒ Minutes from commission meetings ☐ Drafts of proposed changes to the ordinance ☐ Drafts of proposed changes to the General Plan ☒ Public outreach publications Email to: info.calshpo@parks.ca.gov 15
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MEMORANDUM
MEETING DATE: March 26, 2024
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Senior Planner
SUBJECT: Item 5b-Mills Act Policy Update
Background:
The City Council approved the participation in the Mills Act Program in March, 2003
(Resolution No. 03-016 included in Attachment A). It is Council policy that no more
than three applications for the Mills Act be approved per year and there are currently
17 properties subject to Mills Act agreements in the City.
On April 19, 2023, the City Council directed staff to prepare information to facilitate
City Council discussion as to whether the City should amend its Mills Act process to
require residential buildings subject to a Mills Act agreement be owner occupied. At
its May 3, 2023 meeting, the City Council discussed creating an owner occupancy
requirement and directed staff to bring forward a Mills Act Policy discussion to
consider placing a hold on the review of Mills Act applications and to determine if the
City will proceed with future Mills Act agreements. At the June 7, 2023 meeting, the
City Council suspended the City’s Mills Act program for up to 12 months, pending a
future meeting to evaluate the City’s Mills Act program.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council.
This means that the program is optional and the Council can choose to enter Mills
Act contracts and set reasonable conditions for such contracts. General Plan Policy
LU 12.4 provides that “The City shall continue to participate in the Mills Act program
which allows property owners of historic residences a reduction of their property
tax.”
A property requesting a Mills Act contract must be on the Heritage Resource
Inventory (HRI) as well as a designated Historic Landmark. Per City Code 13-10.040(b),
a property requesting Landmark status must be reviewed by the Heritage
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Preservation Commission (HPC) who then provide a recommendation to the City
Council. The designation requires a public hearing and the adoption of an ordinance
for this designation. An HRI property must satisfy at least one of the criteria included
in City Code Section 13-15.010. A Landmark property must satisfy at least two or
more of the criteria.
On November 15, 2023, the City Council reviewed the current participation in the
City’s Mills Act program and voted unanimously to direct staff to return with
amendments to the program that includes the following provisions:
1. City shall issue a notice of non-renewal for all current Mills Act contracts.
2. Immediately upon entering into a new Mills Act contract, the City shall issue a
notice of non-renewal shall be issued so that new agreements remain in place
for no more than 10 years.
3. Mills Act contract requests shall satisfy at least four of the following criteria
from City Code Section 13-15.010:
a) It exemplifies or reflects special elements of the cultural, social, economic,
political, aesthetic, engineering or architectural history of the City, the
County, the State or the nation; or
b) It is identified with persons or events significant in local, county, state or
national history; or
c) It embodies distinctive characteristics of a style, type, period or method of
construction, or is a valuable example of the use of indigenous materials;
or
d) It is representative of the notable design or craft of a builder, designer, or
architect; or
e) It embodies or contributes to unique physical characteristics representing
an established and familiar visual feature of a neighborhood or district
within the City; or
f) It represents a significant concentration or continuity of site, buildings,
structures or objects, unified by past events or aesthetically by plan or
physical or natural development; or
g) It embodies or contributes to a unique natural setting or environment
constituting a distinct area or district within the City having special
character or special historical, architectural or aesthetic interest or value.
4. Mills Act Historic Property Preservations Agreements shall include more
substantive requirements for maintenance.
To address number 4 above, staff is recommending including the following into the
Mills Act Historic Property Preservation Agreement:
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• Owner shall annually provide to the City evidence of maintenance completed
within that year.
• Owner shall allow City Staff to conduct yearly inspections of Mills Act
properties.
Additional information from the City Council meetings is included in Attachments B
and C.
Per City Code Section 13-10.040 (d) the HPC shall “review and comment upon existing
or proposed ordinances, plans or policies of the City as they relate to heritage
resource”.
Staff Recommendation:
Staff recommends that the HPC review and discuss the proposed amendments to
the City’s Mills Act program and provide comments to the City Council.
Attachments:
A. City Council Resolution 03-016 (Mills Act Policy)
B. City Council Staff Report and Minutes dated 3/5/2003
C. City Council Staff Report and Minutes dated 11/15/2023
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2003 with the ability for 30-year renewal in 10-year increments at the Library's
request.
Assistant City Manager Tinfow noted that with the expansion and renovation of
the Saratoga Library, either a new lease or a lease renewal is needed to reflect the
building changes and update the remaining terms and conditions.
Assistant City Manager Tinfow stated that significant deletions from the old lease
include language about land acquisition, design process and construction, bond
issuance and repayment terms, and termination resulting from failure to secure
financing. The new lease carries forward many of the dame terms and conditions
ofthe old and significant provisions follow:
Use of Premises
Alterations, additions and maintenance
Taxes and Utilities
Liability and Insurance
Termination
Assistant City Manager Tinfow stated that tonight staff was asking Council for
direction on specific terms and conditions for the new lease:
Term length
Café Operator
Exterior building maintenance
Digital HV AC system assistance (not an issue at the present time - Library
staff satisfies with equipment)
City Council use of Community Room
Art Wall Surface
City of Saratoga Art Policy
Consensus of the City Council to provide the following direction to staff in regards
to the Library Lease agreement:
Term length - 10 years
Café Operator - Friends of The Saratoga Library. Approach the Friends on
allocating funds to help defray maintenance costs for library and Book-Go-
Round.
Exterior building maintenance - City maintain exterior. County, not just
budget but implement a sinking fund to with $5,000 per year with inflation
clause.
City Council use of Community Room - City set use policy related to the
community room and get first priority.
Art Wall Surface - City control use and materials used; staff to gather cost
estimates for prep work.
City of Saratoga Art Policy - must be incorporate into lease agreement.
Mayor Streit thanked Assistant City Manager Tinfow for her report.
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SARATOGA CITY COUNCIL
MEETING DATE: November 15, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Bryan Swanson, Community Development Director
SUBJECT: Mills Act Program Policy Review
RECOMMENDED ACTION:
Review the City’s existing Mills Act Program and provide direction to staff regarding possible
changes.
BACKGROUND:
At its April 19, 2023 meeting the City Council directed staff to prepare information to facilitate
City Council discussion of whether the City should amend its Mills Act process to require
residential buildings subject to a Mills Act agreement be owner occupied. At the May 3, 2023
meeting, the City Council discussed creating an owner occupancy requirement and directed staff
to bring forward a Mills Act Policy discussion to consider placing a hold on the review of Mills
Act applications and to determine if the City will proceed with future Mills Act agreements. At
the June 7, 2023 meeting, the City Council suspended the City’s Mills Act program for up to 12
months, pending a future meeting to evaluate the City’s Mills Act program. Additional information
from the May and June meetings are included in Attachments B and C respectively.
The City Council approved the participation in the Mills Act Program in March, 2003 (Resolution
No. 03-016). It is Council policy that no more than three applications for the Mills Act be approved
per year and there are currently 17 properties subject to Mills Act agreements in the City.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council. This
means that the program is optional and the Council can choose to enter Mills Act contracts and set
reasonable conditions for such contracts. General Plan Policy LU 12.4 provides that “The City
shall continue to participate in the Mills Act program which allows property owners of historic
residences a reduction of their property tax.”
A property requesting a Mills Act contract must be on the Heritage Resource Inventory (HRI) as
well as a designated Historic Landmark. Per City Code 13-10.040(b), a property requesting
Landmark status must be reviewed by the Heritage Preservation Commission (HPC) who then
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provide a recommendation to the City Council. The designation requires a public hearing and the
adoption of an ordinance for this designation. An HRI property must satisfy at least one of the
criteria included in City Code Section 13-15.010. A Landmark property must satisfy at least two
or more of the criteria, as provided below.
a) It exemplifies or reflects special elements of the cultural, social, economic, political,
aesthetic, engineering or architectural history of the City, the County, the State or the
nation; or
b) It is identified with persons or events significant in local, county, state or national
history; or
c) It embodies distinctive characteristics of a style, type, period or method of construction,
or is a valuable example of the use of indigenous materials; or
d) It is representative of the notable design or craft of a builder, designer, or architect; or
e) It embodies or contributes to unique physical characteristics representing an established
and familiar visual feature of a neighborhood or district within the City; or
f) It represents a significant concentration or continuity of site, buildings, structures or
objects, unified by past events or aesthetically by plan or physical or natural
development; or
g) It embodies or contributes to a unique natural setting or environment constituting a
distinct area or district within the City having special character or special historical,
architectural or aesthetic interest or value.
Because the program is discretionary, the Council has a range of options. These include, but are
not limited to:
1. Limit the total number of Mills Act Agreements in the City;
2. Consider requiring a property to satisfy three or more of the criteria included in City
Code Section 13-15.010 to be considered for a Mills Act Contract with the City;
3. Issue a notice of non-renewal for all current Mills Act agreements and immediately
upon entering a new Mills Act agreement so that the new agreements remain in place
for only ten years;
4. Require owners of Mills Act properties to submit new maintenance plans every ten
years or be subject to non-renewal;
5. Terminate the City’s Mills Act Program and direct staff to process a General Plan
amendment to remove Policy LU 12.4; and
6. Consider other options or combinations of the options above.
If the Council proposes revisions to the City’s Mills Act program, pursuant to Section 13-10.040(d)
of the City Code, staff will take the matter to the Historic Preservation Commission for their
comment and then return to the City Council with the Commission’s recommendations for Council
consideration.
69
ATTACHMENTS:
Attachment A – City Council Resolution No. 03-016
Attachment B – City Council Staff Report with Attachments and Minutes from the May 3, 2023
Meeting.
Attachment C – City Council Staff Report with Attachments and Minutes from the June 7, 2023
Meeting.
1710306.1
70
71
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Nicole Johnson, Senior Planner
SUBJECT: Mills Act Program Policy Options
RECOMMENDED ACTION:
Review the City’s existing Mills Act Program and provide direction to staff regarding possible
changes.
BACKGROUND:
At its May 3, 2023 meeting the City Council directed staff to place the discussion of the City’s
Mills Act program on a future agenda.
Enacted in 1972, the Mills Act is an economic incentive program in California for the restoration
and preservation of historic buildings by property owners. Entering a Mills Act agreement is a
voluntary and discretionary act by the City Council. This means that the program is optional and
the Council can choose to enter Mills Act contracts and set reasonable conditions for such
contracts.
The Mills Act grants local governments the authority to enter into agreements with owners of
qualified historical properties to provide for the use, maintenance, and restoration of the properties
to retain characteristics of their historical significance. In exchange for these restrictions, the
owners receive a reduced assessed valuation of their property thereby lowering their property
taxes. A Mills Act agreement has a term of 10 years. Each year the agreement is automatically
renewed unless the property owner or the City issues a notice of non-renewal. If the agreement is
not renewed, it expires after ten years at which time the tax benefit is rescinded and the property
owner is no longer subject to the requirements of the Mills Act agreement. The property remains
subject to the provisions of the City Code concerning historic landmarks.
The City Council approved the participation in the Mills Act Program in March, 2003. (See
Attachment A.) It is Council policy that no more than three applications for the Mills Act be
approved per year and there are currently 16 properties subject to Mills Act agreements in the City.
72
The City’s General Plan Land Use Element has the following goal and implementing policy related
to the Mills Act Program:
Goal LU 12: Recognize the heritage of the city by seeking to protect historic and cultural
resources, where feasible.
Policy LU 12.4: The City shall continue to participate in the Mills act program which
allows property owners of historic residences a reduction of their property tax.
Because the program is discretionary, the Council has a range of options. These include, but are
not limited to:
1) Suspend Saratoga’s Mills Act program for a defined period and declare that no Mills Act
applications will be considered until a specific date in the future;
2) Limit the number of Mills Act Agreements in the City to no more than one (1) a year;
3) Issue a notice of non-renewal for all current Mills Act agreements and immediately upon
entering a new Mills Act agreement so that the new agreements remain in place for only
ten years;
4) Require owners of Mills Act properties to submit new maintenance plans every five years
or be subject to non-renewal;
5) Prohibit rental of residential properties subject to the Mills Act;
6) Terminate the City’s Mills Act Program and direct staff to process a General Plan
amendment to remove Policy LU 12.4; and
7) Consider other options or combinations of the options above.
If the Council proposes revisions to the City’s Mills Act program, pursuant to Section 13-10.040(d)
of the City Code, staff will take the matter to the Historic Preservation Commission for their
comment and then return to the City Council with the Commission’s recommendations for Council
consideration.
ATTACHMENTS:
Attachment A – Resolution 03-016 (Approving the City’s participation in the Mills Act Program)
Attachment B – Public Comments
1645517.1
73
74
1
From: Kookie Fitzsimmons <kookie@saratoga.ca.us>
Sent: Monday, May 8, 2023 5:05 PM
To: Britt Avrit <bavrit@saratoga.ca.us>
Subject: Fw: Mills Act Thoughts
From: Darrell Miller <>
Sent: Thursday, May 4, 2023 8:48 AM
To: Kookie Fitzsimmons <kookie@saratoga.ca.us>; Yan Zhao <yzhao@saratoga.ca.us>; Belal Aftab
<baftab@saratoga.ca.us>; Chuck Page <cpage@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>
Subject: Mills Act Thoughts
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
I attended last evening's Council Meeting via Zoom, intending to provide this public comment, but unfortunately was
late in raising my hand.
See attached.
75
Everyone in Saratoga values historic preservation.
In this agenda item you are considering one incremental change to our Saratoga Mills Act
program
In reviewing the thought provoking email from Bill Dalton attached to the agenda, I
think it is time for a thorough review of the Mills Act program, its criteria, it costs,
benefits, the staff time involved, and the amount historic preservation delivered.
Are we getting a maximum amount of historic preservation from our Mills Act program,
or do we have a tax break primarily benefiting a few?
In terms of tangible costs, I find it surprising that for every dollar of lost city revenue that
you approve, there is $15 of lost revenue to schools, the library system, the fire
department, etc., impacting the finances of groups that are not involved in the approval
process.
I also wonder if the costs of implementation, including staff time, are being recouped
from property owners. What this part of the recent fee review?
Thank you.
76
Saratoga City Council Minutes ~ June 7, 2023 ~ Page 1 of 12
MINUTES
WEDNESDAY, JUNE 7, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the City Council held a Closed Session in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
At 6:15 p.m., the City Council held a Joint Session with Supervisor Simitian and Saratoga Area
Senior Coordinating Council (SASCC) in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons called the Regular Session to order at 7:11 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Nick Pegueros, Administrative Services Director
John Cherbone, Public Works Director
Britt Avrit, City Clerk
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on June 2, 2023.
REPORT FROM STUDY SESSION AND JOINT SESSION
Mayor Fitzsimmons stated the City Council met in Closed Session prior to the Joint Session to
discuss labor negotiations with no reportable action.
Mayor Fitzsimmons stated the City Council held a Joint Session with Supervisor Simitian and
Saratoga Area Senior Coordinating Council (SASCC).
Supervisor Simitian and Tylor Taylor, Saratoga Area Senior Coordinating Council (SASCC)
Executive Director, provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 2 of 12
The following individuals spoke at this time:
Dory Albert discussed review of emergency preparedness procedures for the City, the Safe Routes
to School Program and adding a bicycle bridge in the City.
Carl Gaurdino discussed the July 1st annual Stars and Stripes run and walk.
Jimmy Apffel discussed the July 1st annual Stars and Stripes run and walk.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the Dragon Boat Festival, Summer Movie Nights,
Saratoga Safety Fair and Youth in Government.
Council Member Walia shared information about the “Find Your Voice” free summer reading
program and training for recognizing opioid overdose offered at all community libraries in the
summer and fall.
Council Member Aftab shared information about the Saratoga Historical Foundation’s mahjong
fundraiser and Paul Masson Winery lecture.
PUBLIC HEARINGS
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 41 (Saratoga Woods) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 41
(Saratoga Woods); 173 ballots received; 142 yes, 31 no.
RESOLUTION 23-043
PAGE/ZHAO MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 41 (SARATOGA WOODS). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 3 of 12
2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 42 (Gardiner Park) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Dory Albert
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 42
(Gardiner Park); 47 ballots received; 38 yes, 9 no.
RESOLUTION 23-044
AFTAB/PAGE MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 42 (GARDINER PARK). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 43 (Lower Pierce) and Confirmation
of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 43 (Lower
Pierce); 24 ballots received; 19 yes, 5 no.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 4 of 12
RESOLUTION 23-045
PAGE/ZHAO MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 43 (LOWER PIERCE). MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.4. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 44 (Golden Triangle) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Vijay, and a member of the public
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 44 (Golden
Triangle); 344 ballots received; 228 yes, 116 no.
RESOLUTION 23-046
AFTAB/PAGE MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 44 (GOLDEN TRIANGLE). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 45 (Burgundy) and Confirmation of
Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bridget Dimambro
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 5 of 12
0 Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 45
(Burgundy); 32 ballots received; 24 yes, 8 no.
RESOLUTION 23-047
PAGE/FITZSIMMONS MOVED TO ACCEPT THE RESULTS OF THE BALLOTING
AND ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 45 (BURGUNDY). MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.6. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 46 (Austin Bainter) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 46 (Austin
Bainter); 19 ballots received; 13 yes, 6 no.
RESOLUTION 23-048
PAGE/AFTAB MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 46 (AUSTIN BAINTER). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 6 of 12
CEREMONIAL ITEMS
Commendations Recognizing Outgoing Youth Commissioners
Recommended Action:
Receive presentation on efforts of the Youth Commission during the 2022/23 school year
and present commendations to outgoing Commissioners Alex Xia, Aniket Singh, Ashly
Henry, Nicole Hao, and Saket Kelkar recognizing their service on the Saratoga Youth
Commission.
The City Council received the Youth Commission presentation and commended outgoing
Commissioners Alex Xia, Aniket Singh, Ashly Henry, Nicole Hao, and Saket Kelkar
recognizing their service on the Saratoga Youth Commission.
Appointment of Youth Commissioners
Recommended Action:
Adopt the Resolution appointing Julie Chen, Sia Chowdhri, Hillary Gonzalez, Sriya
Mukund and Bianca Sutioso to the Youth Commission and direct the City Clerk to
administer the Oath of Office.
RESOLUTION 23-039
ZHAO/AFTAB MOVED TO ADOPT THE RESOLUTION APPOINTING JULIE
CHEN, SIA CHOWDHRI, HILLARY GONZALEZ, SRIYA MUKUND AND BIANCA
SUTIOSO TO THE YOUTH COMMISSION AND DIRECT THE CITY CLERK TO
ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
SPECIAL PRESENTATION
New Taipei Friendship City Special Presentation
Recommended Action:
Receive presentation on a proposal to establish a Friendship City relationship with New
Taipei.
Katherine Tseng, Wendy Chang, Jennifer & David Guidry and John, provided a presentation
on a proposal to establish a Friendship City relationship with New Taipei.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the May 17, 2023 City Council Regular Meeting.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 7 of 12
ZHAO/PAGE MOVED TO APPROVE THE MINUTES FOR THE MAY 17, 2023 CITY
COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 05/10/2023, 05/18/2023, and 05/25/2023 accounts payable vendor
payment check registers.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE 05/10/2023, 05/18/2023, AND
05/25/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended April 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2023.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Resolution to Establish a List of Projects to be Funded by The Road Repair and
Accountability Act of 2017 for FY 2023-24
Recommended Action:
Adopt the Resolution to establish a list of projects to be funded by the Road Repair and
Accountability Act of 2017 for FY 2023-24.
RESOLUTION 23-040
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION TO ESTABLISH A LIST OF
PROJECTS TO BE FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 FOR FY 2023-24. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.5. No U-Turn on Saratoga Avenue at Ranfre Lane
Recommended Action:
Adopt the Motor Vehicle Resolution authorizing No U-Turn for vehicles traveling
southbound on Saratoga Avenue at Ranfre Lane.
RESOLUTION MV 333
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 8 of 12
ZHAO/PAGE MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING NO U-TURN FOR VEHICLES TRAVELING SOUTHBOUND ON
SARATOGA AVENUE AT RANFRE LANE. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.6. Budget Amendment – Allendale Landscape District LLA Zone 36
Recommended Action:
Adopt the Resolution appropriating $4,000 from the LLA Zone 36 fund balance into the
Fiscal Year 2022/23 operating budget.
RESOLUTION 23-041
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION APPROPRIATING $4,000
FROM THE LLA ZONE 36 FUND BALANCE INTO THE FISCAL YEAR 2022/23
OPERATING BUDGET. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
1.7. Resolution Recommending Approval of Road Closure for Annual Saratoga Car Show
Recommended Action:
Adopt the Resolution recommending approval of the closure of Big Basin Way/State Route
9 for the annual Saratoga Car Show.
RESOLUTION 23-042
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION RECOMMENDING
APPROVAL OF THE CLOSURE OF BIG BASIN WAY/STATE ROUTE 9 FOR THE
ANNUAL SARATOGA CAR SHOW. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. PUBLIC HEARINGS
2.7. Landmark Designation & Mills Act Agreement for 14275 Saratoga Avenue
Application No. LNDMRK23-0001 & MIL23-0001
Recommended Action:
The Heritage Preservation Commission (HPC) recommends that the City Council:
1. Conduct a public hearing on the proposal to designate the subject property as a historic
landmark and enter into a Mills Act Agreement.
2. Introduce and waive first reading of the attached ordinance designating the property as a
historic landmark.
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
4. Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act
Agreement for the property located at 14275 Saratoga Avenue upon the effective date of the
landmark ordinance.
Nicole Johnson, Senior Planner, presented the staff report.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 9 of 12
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Jorge Sanchez, Alexandra Nugent, Marilyn Marchetti, Priya
Shastri, Bill Dalton, Rina Shah
RESOLUTION 23-049
WALIA/PAGE MOVED TO INTRODUCE AND WAIVE FIRST READING OF THE
ORDINANCE DESIGNATING THE PROPERTY AS A HISTORIC LANDMARK,
DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR
FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL,
ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 14275
SARATOGA AVENUE UPON THE EFFECTIVE DATE OF THE LANDMARK
ORDINANCE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.
2.8. Fiscal Year 2023-24 Budget Public Hearing
Recommended Action:
Conduct public hearing on the proposed Fiscal Year 2023-24 budget and provide direction
on edits for final consideration at the June 21 City Council meeting.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
PAGE/WALIA MOVED TO CONSIDER ADOPTION OF THE PROPOSED BUDGET
AT THE JUNE 21, 2023 CITY COUNCIL MEETING. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.9. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-050
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ZHAO/WALIA MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FOR FY 23-24. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Paint the City Artwork Approval
Recommended Action:
Approve artwork recommended by the Public Art Commission for the 3 utility box locations
included in the 2023 cycle of Paint the City: Saratoga Utility Box Art Project; approve and
authorize artist stipends in the amount of $600 per location; and adopt the Resolution
supporting installation of artwork on State of California Department of Transportation
(Caltrans) utility box locations on Saratoga Avenue north and south of State Route 85,
assuming responsibility for maintenance and upkeep of artwork, and authorizing the City
Manager to execute a maintenance agreement.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-051
WALIA/ZHAO MOVED TO APPROVE ARTWORK RECOMMENDED BY THE
PUBLIC ART COMMISSION FOR THE 3 UTILITY BOX LOCATIONS INCLUDED
IN THE 2023 CYCLE OF PAINT THE CITY: SARATOGA UTILITY BOX ART
PROJECT; APPROVE AND AUTHORIZE ARTIST STIPENDS IN THE AMOUNT
OF $600 PER LOCATION; AND ADOPT THE RESOLUTION SUPPORTING
INSTALLATION OF ARTWORK ON STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) UTILITY BOX LOCATIONS ON SARATOGA
AVENUE NORTH AND SOUTH OF STATE ROUTE 85, ASSUMING
RESPONSIBILITY FOR MAINTENANCE AND UPKEEP OF ARTWORK, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
AGREEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
3.2. Saratoga Area Senior Coordinating Council Amended Lease
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with the Saratoga Area
Senior Coordinating Council.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 11 of 12
PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED LEASE AGREEMENT WITH THE SARATOGA AREA SENIOR
COORDINATING COUNCIL. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
3.3. Council Resolution to Adopt Memorandum of Understanding for the Carpenters 46
Northern California Counties Conference Board on behalf of the Northern California
Carpenters Regional Council (“UNION”) July 1, 2023 to June 30, 2027.
Recommended Action:
Approve the proposed Memorandum of Understanding (MOU) and adopt the Resolution to
adopt Memorandum of Understanding for the Carpenters 46 Northern California Counties
Conference Board on behalf of the Northern California Carpenters Regional Council
(“UNION”) July 1, 2023, to June 30, 2027.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-052
PAGE/ZHAO MOVED TO APPROVE THE PROPOSED MEMORANDUM OF
UNDERSTANDING (MOU) AND ADOPT THE RESOLUTION TO ADOPT
MEMORANDUM OF UNDERSTANDING FOR THE CARPENTERS 46
NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD ON BEHALF OF
THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
(“UNION”) JULY 1, 2023, TO JUNE 30, 2027. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: PAGE. ABSENT: NONE.
3.4. Mills Act Program Policy Options
Recommended Action:
Review the City’s existing Mills Act Program and provide direction to staff regarding
possible changes.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Marilyn Marchetti, Annette Stransky, Priya Shastri, Bill
Dalton, Rina Shah, Daryl Miller, Alexandra Nugent
PAGE/FITZSIMMONS MOVED TO INSTITUTE A MORATORIUM FOR ALL MILLS
ACT APPROVALS FOR THE NEXT 12 MONTHS OR UNTIL THE PROCESS HAS
BEEN UPDATED WHICHEVER IS SOONER, SEND A LETTER TO ALL MILLS
ACT PROPERTY HOMEOWNERS STATING THEIR 10-YEAR CYCLE ENDS AT
THE END OF THE CURRENT 10 YEAR CYCLE, HAVE THE CITY COUNCIL
WORK WITH APPROPRIATE CITY COMMISSION TO DEVELOP AN UPDATED
SET OF RULES.
Additional discussion took place.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 12 of 12
PAGE/FITZSIMMONS MOVED TO SUSPEND SARATOGA’S MILLS ACT
PROGRAM FOR UP TO 12 MONTHS PENDING A FUTURE STUDY SESSION TO
EVALUATE IMPLEMENTATION OF THE MILLS ACT. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: PAGE, ZHAO, FITZSIMMONS. NOES: AFTAB, WALIA.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
KSAR Community Access TV Board - stated she attended the meeting with nothing to report.
Santa Clara County Library District Board of Directors – stated the Board adopted Fiscal Year
23-24 budget and appointed Cupertino Vice Mayor Sheila Mohan as Finance Committee Member
at Large.
Council Member Chuck Page
Nothing to report.
Council Member Belal Aftab
Nothing to report.
Vice Mayor Yan Zhao
Saratoga Ministerial Association - stated the Association discussed the Memorial Day Service.
Mayor Kookie Fitzsimmons
Nothing to report.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
PAGE/AFTAB MOVED TO ADJOURN THE MEETING AT 11:04 P.M. MOTION PASSED
BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
88
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Nicole Johnson, Senior Planner
SUBJECT: Consider Owner Occupancy Requirement for Mills Act Agreements
RECOMMENDED ACTION:
Provide direction to staff regarding whether the City should require that residential buildings
subject to a Mills Act agreement be owner occupied.
BACKGROUND:
At its April 19, 2023 meeting the City Council directed staff to prepare information to facilitate
City Council discussion of whether the City should amend its Mills Act process to require that that
residential buildings subject to a Mills Act agreement be owner occupied.
As background, the Mills Act is state legislation granting local governments the authority to enter
into agreements with owners of qualified historical properties to provide for the use, maintenance,
and restoration of the properties to retain characteristics of their historical significance. In
exchange for these restrictions, the owners receive a reduced assessed valuation of their property
thereby lowering their property taxes. The City Council approved participating in the Mills Act
Program in March, 2003. It is Council policy that no more than three applications for the Mills
Act be approved per year.
A Mills Act agreement has a term of 10 years. Each year the agreement is automatically renewed
unless the property owner or the City issues a notice of non-renewal. If the contract is not renewed,
it expires after 10 years. Over those ten years the property taxes gradually increase until they reach
their normal level at the end of the term of the agreement. A Mills Act agreement can also be
cancelled if the property owner is found to be in breach of the agreement, terminating it
immediately. In the event of a cancellation, the landowner must pay a fee of 12.5% of the
property’s assessed value to the county auditor and the property taxes immediately increase to their
normal level.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council. This
means that the Council can set reasonable conditions for such contracts. Accordingly, the Council
89
could choose to impose an owner occupancy requirement for residential buildings subject to a
Mills Act agreement.
The key policy questions related to creating an owner occupancy requirement are: (1) what
standards determine whether the occupant is an owner; (2) the process for terminating the
agreement when the owner-occupancy requirement is no longer satisfied; and (3) whether there
should be any exceptions to the requirement. Each of these is discussed below. Council or
members of the public may identify other policy issues and these can be discussed at the Council
meeting as well.
Who qualifies as an owner? Title to property can be held in various ways. The policy could be
structured in ways ranging from very strict (at least one of the occupants must be a person named
on title) to less strict (the property must not be occupied by any person paying for the right to
occupy the property). One approach would be to rely on the State of California’s existing system
whereby homeowners claim a homeowner’s exemption under state property tax laws. This
approach would have Council policy be that all residences subject to a Mills Act agreement be
occupied in such a way that the property qualifies for the homeowner’s exemption as reflected in
the County Assessor’s records. Alternatively, the policy could require that property owners with
Mills Act agreements provide the City with evidence of occupancy on annual basis (this could
include things such as copies of driver’s licenses and vehicle registration, recent utility bills,
redacted bank statements, etc.). Of course there are many other approaches that could be used.
What is the process for terminating the agreement? If a property no longer satisfies the owner
occupancy requirement the Council policy can provide that either (1) the City cancel the agreement
immediately (requiring payment of the 12.5% fee by the property owner and leading to an
immediate increase to normal tax levels), or (2) the City issue a notice of nonrenewal, terminating
the contract after 10 years (with a gradual increase in taxes over that period).
Should there be any exceptions? The Council should consider whether there should be any
exceptions to the requirement. For example, during the April 19 City Council meeting there was
a suggestion that there be an exception in the event the property is not owner occupied due to an
illness.
Staff reached out to other cities with Mills Act programs for insights as to how others have
addressed these policy questions. Of the sixteen cities that responded, none has an owner
occupancy requirement and so staff received no information on approaches to how this
requirement could be implemented.
NEXT STEPS
Based on Council direction staff will prepare a draft statement of the Council policy and a draft of
an additional provision to be inserted in the City’s standard form for Mills Act Agreements.
Pursuant to Section 13-10.040(d) of the City Code, staff will take the matter to the Historic
Preservation Commission for their comment and then return to the City Council with the
Commission’s recommendations for Council consideration. Following Council action staff will
return with the Mills Act agreement that had been before the Council on April 19. Staff will not
90
process any further Mills Act agreements until this process is complete. Staff has consulted with
the Tax Assessor’s office and they have indicated that Mills Act agreements recorded by December
31, 2023 will be eligible for reduced property taxes in 2024.
ATTACHMENTS:
Attachment A – March 3, 2003 Resolution Approving the Mills Act Program
Attachment B – Form Mills Act Agreement
1639806.1
91
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Page 1 of 12
Recording Requested by and
when recorded mail to:
Office of the City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Form per Gov't Code Section 27361.6
[SPACE ABOVE THIS LINE FOR RECORDER'S USE]
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, ("Agreement"), is made and entered into this ___ day of ________ 2023 by
and between, ("Owner"), Owner of the real property described below, and the City
of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein
individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties to retain characteristics of historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and referenced
herein as Historic Property. The Historic Property is shown as Assessors' Parcel Number XXX-XX-
XXX on the 2023 Santa Clara County Assessors' Roll and is generally referenced by the following
street address: XXXX in the City of Saratoga, as of the Effective Date.
(3) The Historic Property was designated by the City as a historic landmark by Ordinance
No XXX and the City has determined that this Agreement is necessary to allow the restoration,
rehabilitation, and maintenance of the Historic Property.
(4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to
protect and preserve the characteristics of historical significance of the Historic Property and to
qualify the Historic Property for an assessment of valuation pursuant to Sections 439-439.4 of the
California Revenue and Taxation Code. The Resolution of the City Council approving this
Agreement is attached hereto as Exhibit B.
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth herein and
the recitals set forth above, do hereby agree as follows:
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Page 2 of 12
(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded in the Santa Clara
County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years
thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the
Agreement shall be extended by one year unless notice of non-renewal is served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or City desire in any
year not to renew the Agreement, that Party shall serve on the other Party written notice of non-
renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date.
Notice of non-renewal by Owner shall be filed at least ninety days prior to the Renewal Date. Either
party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time
prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of
non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall
remain in effect for ten years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the historic
significance of the Historic Property and the condition of the Historic Property as of the Effective
Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general improvement plans for
maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this
Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the
rules and regulations of the Office of Historic Preservation of the California Department of Parks
and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of
California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall
preserve and maintain the characteristics that contribute to the historic significance of the Historic
Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with the
Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on the Historic Property that does not involve a
change in design, material, or external appearance thereof. Nor does this Agreement prevent the
construction, reconstruction, alteration, restoration, demolition, or removal of any such external
architectural feature when the Community Development Director determines that such action is
required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as
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Page 3 of 12
Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement
shall be deemed to prevent any fire, building, health, or safety official from enforcing laws,
ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the
Owner or occupants of the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not block the view of
the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or
other landscaping.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and all information
requested by City relevant to this contract to determine compliance with the terms and provisions of
this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement,
all records as may be necessary to determine the eligibility of the property involved, and Owner’s
compliance with the terms and provisions of this Agreement. These records shall include, but not be
limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the
event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all
such records to the new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a report which
shall specify all work completed during the preceding twelve months to comply with the
requirements of this Agreement and report on such other items as may be specified by the
Community Development Director.
(d) Owner shall allow for periodic examinations, by prior appointment, of the interior and
exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or
the City. The Community Development Director shall determine when periodic examinations by the
City may be necessary to determine the eligibility of the property involved, and to determine
Owner’s compliance with the terms and provisions of this Agreement; these examinations shall take
place not less than once every five years. Examinations by representatives of the Interested
Agencies shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government
Code Section 50285, may cancel this Agreement if it determines one or more of the following:
(i) Owner has breached any of the terms or conditions of this Agreement;
(ii) Owner has allowed the Historic Property to deteriorate to the point that it no
longer meets the standards of the Applicable Rules or no longer qualifies as a City of
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Saratoga historic landmark;
(iii) Owner has allowed the property to deteriorate to the point that it no longer
meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are
not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for
the Abatement of Dangerous Buildings;
(iv) Owner has not complied with other local, state, or federal laws and regulations.
(b) In the event of cancellation, OWNER shall be subject to payment of those cancellation
fees set forth in California Government Code Sections 50280, et seq.
(6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be
deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by
Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity
which are not otherwise provided for under the terms of this Agreement or in the City's laws and
regulations are available to the City.
(7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Agreement,
City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a
default by Owner City shall give written notice of the violation to Owner by registered or certified
mail addressed to the address provided for notice in this Agreement. The violation shall be corrected
to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the
violation cannot reasonably be cured within sixty days, actions to cure the violation shall be
commenced within sixty days and pursued diligently to completion within a reasonable period of
time to be determined by the City. If the violation is not timely cured then the City may, without
further notice, declare a default and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way
limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal
law, including the historic preservation regulations under the City’s municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations,
and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and
agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in
this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic
Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every
contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such
contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to
the City.
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(b) City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner
has a legal interest in the Historic Property and this Agreement relates to and affects the use of the
Historic Property.
(c) City and Owner hereby further declare their understanding and intent that the benefit of
such covenants, reservations, and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Historic Property for the benefit,
which includes, but is not limited to the benefit to the public street named in the recitals to this
Agreement, City, residents of City and of the State of California, and Owner.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified
by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER:
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or
conditions of this Agreement shall be deemed to create a partnership between the parties hereto and
any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them
to be considered joint ventures or members of any joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless
and indemnify City, its City Council, commissions, officers, agents, and employees from and against
any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused,
including all costs and reasonable attorney's fees in providing a defense to any claim arising there
from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions
with respect to or in any way connected with the prosecution of the work performed by Owner
pursuant to this Agreement. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans, specifications,
other documents, or any proposed conduct relating to the Historic Property.
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to
enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein,
or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay
its own attorney's fees.
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(13) Recordation and Notice. No later than twenty (20) days after the parties execute and
enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the
Office of Historic Preservation of the Department of Parks and Recreation no later than six (6)
months after entering into this Agreement and shall provide the City with a copy of such notice at
the time it is filed.
(14) Fees. The Community Development Director may assess, and Owner shall pay such
Mills Act Historic Property Contract fees for the administration of this Agreement as may be
authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any
reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or
by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of
the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and
Owner hereby declare that each would have approved and accepted this Agreement, and each
section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies the
agreement between City and Owner and its terms and conditions. No other understanding,
agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial
information and in no way binding upon City. All Exhibits to this Agreement are hereby
incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and subparagraphs are for
convenience only and shall not be considered or referred to in resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and construed in
accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day
and year first written above.
CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
____________________________
JAMES LINDSAY
CITY MANAGER
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Page 7 of 12
Address:
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1222
Fax Number: (408) 868-8555
ATTEST:
____________________________
Britt Avrit
CITY CLERK
Approved as to Form:
_____________________________
RICHARD TAYLOR
CITY ATTORNEY
OWNER [Notarized Signature(s) Required]
By: _____________________________
Name:
Title: Property Owner
Local Address:
Exhibit List
Exhibit A – Legal Description of Historic Property
Exhibit B – City Council Resolution Approving Agreement
Exhibit C – Baseline Conditions of Historic Property
Exhibit D – Restoration Plan
Exhibit A
The Historic Property that is the subject of this Agreement is the real property described below
including all structures and improvements thereon:
99
APN:
Property commonly known as:
100
Exhibit B
RESOLUTION NO.
APPROVING MILLS ACT CONTRACT
[Begins on following page.]
101
Exhibit C
BASELINE CONDITIONS
1. NAME OF HISTORIC LANDMARK:
2. ADDRESS:
3. ASSESSOR’S PARCEL NUMBER:
COMPLETE LEGAL DESCRIPTION:
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
APN:
Property commonly known as:
4. RANGE OF ADDRESSES:
5. PRESENT OWNERS:
6. OWNERSHIP:
7. PRESENT AND ORIGINAL USE:
8. ARCHITECTURAL STYLE:
9. PRESENT PHYSICAL DESCRIPTION:
10. CONSTRUCTION DATE:
11. ARCHITECT, DESIGNER, OR ENGINEER:
12. CONTRACTOR/BUILDER:
13. PHOTOGRAPHS:
14. CONDITION: Excellent with its age. Estimated maintenance and preservation costs are
$XXX over the course of ten years.
15. ALTERATIONS:
102
16. THREATS TO THE SITE:
17. STATEMENT OF SIGNIFICANCE:
18. SOURCES:
19. PREPARER: City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
103
Exhibit D
RESTORATION PLAN
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 1 of 8
MINUTES
WEDNESDAY, MAY 3, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Study Session in the Linda Callon Conference Room to
review the requirements of the Housing Accountability Act in comparison to the City’s Single
Family Design Review Process in preparation for the Joint Session with the Planning Commission.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Paul Germeraad, Bill Dalton
At 6:11 p.m., the City Council held a Joint Session with the Planning Commission in the Linda
Callon Conference Room to discuss the Commission’s priorities and FY 2023/24 work plan.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
WALIA/ZHAO MOVED TO APPROVE ITEMS 1-4 OF THE PLANNNG
COMMISSION’S WORK PLAN, APPROVE THE TRAINING BUDGET REQUEST,
ADD MEETING PROTOCOL TRAINING FOR THE COMMISSION, ADD
COMMISSION STUDY SESSIONS REGARDING THE DESIGN REVIEW
HANDBOOK, AND MOVE WORK PLAN ITEM 6 TO A PLACEHOLDER ITEM TO
ADDRESS IF TIME PERMITS. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
Mayor Fitzsimmons called the Regular Session to order at 7:10 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Britt Avrit, City Clerk
Nick Pegueros, Administrative Services Director
Debbie Pedro, Community Development Director
Nicole Johnson, Senior Planner
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on April 27, 2023.
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 2 of 8
REPORT FROM STUDY SESSION AND JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Study Session at 5:00p.m. to discuss the Single
Family Design Review Process and the Housing Accountability Act followed by a Joint Session
with the Planning Commission at 6:00 p.m. to discuss the Commission’s priorities and FY 2023/24
work plan.
Chair Brownley, Chair of the Planning Commission provided a report of the Joint Session with the
City Council.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time:
Barbara Heninger discussed upcoming South Bay Musical Theatre productions.
Bill Dalton discussed “Our Neighborhood Voices” Initiative.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about Blue Gum Eucalyptus Tree Removal Permits, City
Council Joint Session with Neighborhood Watch, Paint the City Voting and Building Safety
Month.
Council Member Page shared information about the Chamber of Commerce Spring Wine
Experience and Saratoga High School Performing Arts’ Mama Mia production.
Council Member Walia shared information about Redwood Middle School’s upcoming Festival
of Colors event ‘HOLI.’
Vice Mayor Zhao shared information about the Saratoga Rotary Fine Art Show at West Valley
College.
CEREMONIAL ITEMS
Proclamation Declaring May 2023 as National Preservation Month
Recommended Action:
Proclaim May 2023 as National Preservation Month in the City of Saratoga.
The City Council proclaimed May 2023 as National Preservation Month in the City of
Saratoga.
Proclamation Honoring the 20th Anniversary of the Assistance League of Los Gatos-
Saratoga
Recommended Action:
Present a proclamation recognizing the 20th anniversary of Assistance League of Los
Gatos-Saratoga
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The City Council recognized the 20th anniversary of the Assistance League of Los Gatos-
Saratoga.
SPECIAL PRESENTATIONS
College of Adaptive Arts Special Presentation
Recommended Action:
Receive presentation from the College of Adaptive Arts.
DeAnna Pursai, Executive Director and AJ Vanderpan, Student, from the College of Adaptive
Arts provided a presentation on the College of Adaptive Arts.
Catholic Charities of Santa Clara County Long-Term Care Ombudsman Program Special
Presentation
Recommended Action:
Receive presentation from Catholic Charities of Santa Clara County Long-Term Care
Ombudsman Program.
Linda Dominguez, Program Manager, Long Term Care Ombudsman Program from Catholic
Charities of Santa Clara County provided a presentation on the Santa Clara County Long
Term Ombudsman Program.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the April 19, 2023 City Council Regular Meeting.
ZHAO/PAGE MOVED TO APPROVE THE MINUTES FOR THE APRIL 19, 2023
CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 04/13/2023 and 04/20/2023 accounts payable vendor payment check
registers.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE 04/13/2023 AND 04/20/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
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1.3. Treasurer’s Report for the Month Ended March 31, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended March 31, 2023.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED MARCH 31, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Authorization to Write Off Bad Debt
Recommended Action:
Authorize write off bad debt totaling $1,449 as of March 31, 2023.
ZHAO/PAGE MOVED TO AUTHORIZE THE WRITE OFF OF BAD DEBT
TOTALING $1,449 AS OF MARCH 31, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. GENERAL BUSINESS
2.1. Renaming of Friendship Hall at Saratoga Prospect Center the Jack Mallory Friendship
Hall
Recommended Action:
Adopt the resolution renaming Friendship Hall at Saratoga Prospect Center to the Jack
Mallory Friendship Hall and allocating $2,500 from the City Council Discretionary Fund for
updated signage or $3,350 from the City Council Discretionary Fund for both updated
signage and commemorative plaque.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Dave House
PAGE/ZHAO MOVED TO PLACE A PLAQUE IN HONOR OF JACK MALLORY IN
FRIENDSHIP HALL SPECIFICALLY INCLUDING HIS EFFORTS TO KEEP THE
BUILDING FOR CITY PURPOSES. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.2. Fiscal Year 2023/24 Community Event Grant Program Competitive Allocations
Recommended Action:
Consider the following Library and Community Engagement Commission recommendation
for Fiscal Year 2023/24 Community Event Grant Program competitive allocations:
• Blossom Festival Table: $500
• Mural, Mural, on the Wall: $1,700 (if final artwork follows art approval process
described in City of Saratoga Public Art Policy regardless of final mural location)
• Dragon Boat Festival: $2,000
• 'Saratoga, My Home' Public Art Contest: $1,200
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Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO APPROVE THE LIBRARY AND COMMUNITY
ENGAGEMENT COMMISSION RECOMMENDATIONS FOR FISCAL YEAR
2023/24 COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
ALLOCATIONS: BLOSSOM FESTIVAL TABLE: $500; MURAL, MURAL, ON THE
WALL: $1,700 (IF FINAL ARTWORK FOLLOWS ART APPROVAL PROCESS
DESCRIBED IN CITY OF SARATOGA PUBLIC ART POLICY REGARDLESS OF
FINAL MURAL LOCATION); DRAGON BOAT FESTIVAL: $2,000; 'SARATOGA,
MY HOME' PUBLIC ART CONTEST: $1,200.
Additional discussion took place.
PAGE MOVED TO APPROVE THE LIBRARY AND COMMUNITY ENGAGEMENT
COMMISSION RECOMMENDATIONS FOR FISCAL YEAR 2023/24
COMMUNITY EVENT GRANT PROGRAM COMPETITIVE ALLOCATIONS
REMOVING ALLOCATION FOR THE BLOSSOM FESTIVAL TABLE.
Motion failed for lack of a second.
Additional discussion took place.
ZHAO/WALIA MOVED TO APPROVE THE LIBRARY AND COMMUNITY
ENGAGEMENT COMMISSION RECOMMENDATIONS FOR FISCAL YEAR
2023/24 COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
ALLOCATIONS: BLOSSOM FESTIVAL TABLE: $500; MURAL, MURAL, ON THE
WALL: $1,700 (IF FINAL ARTWORK FOLLOWS ART APPROVAL PROCESS
DESCRIBED IN CITY OF SARATOGA PUBLIC ART POLICY REGARDLESS OF
FINAL MURAL LOCATION); DRAGON BOAT FESTIVAL: $2,000; 'SARATOGA,
MY HOME' PUBLIC ART CONTEST: $1,200. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, WALIA, ZHAO, FITZSIMMONS. NOES: PAGE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Los Gatos-Saratoga Community Education and Recreation Amended Lease and Park
Reservation Management Service Agreement
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with Los Gatos-
Saratoga Community Education and Recreation as well as a new service agreement for
parks reservation management.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Nancy Rollett
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AFTAB/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED LEASE AGREEMENT WITH LOS GATOS-SARATOGA
COMMUNITY EDUCATION AND RECREATION AS WELL AS A NEW SERVICE
AGREEMENT FOR PARKS RESERVATION MANAGEMENT, ADDING A CHECK
IN WITH THE CITY COUNCIL ONE YEAR AFTER COMMENCEMENT OF THE
AGREEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
2.4. Group Use Permit Implementation Policy Amendment
Recommended Action:
Adopt the resolution amending the City of Saratoga Group Use Implementation Policy and
direct staff to include updates in the next Annual Code Update to reflect the changing park
reservation service model and otherwise update the Code regarding park permits.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-037
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION AMENDING THE CITY OF
SARATOGA GROUP USE IMPLEMENTATION POLICY AND DIRECT STAFF TO
INCLUDE UPDATES IN THE NEXT ANNUAL CODE UPDATE TO REFLECT THE
CHANGING PARK RESERVATION SERVICE MODEL AND OTHERWISE
UPDATE THE CODE REGARDING PARK PERMITS. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Consider Owner Occupancy Requirement for Mills Act Agreements
Recommended Action:
Provide direction to staff regarding whether the City should require that residential
buildings subject to a Mills Act agreement be owner occupied.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time: Margarete Minar, Bill Dalton, Julie Griffith
WALIA/PAGE MOVED TO DIRECT STAFF TO BRING THE LANDMARK
DESIGNATION & MILLS ACT AGREEMENT FOR 14275 SARATOGA BACK TO
THE CITY COUNCIL FOR CONSIDERATION UNDER THE CURRENT POLICY
AT THE NEXT MEETING POSSIBLE. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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PAGE/ZHAO MOVED TO DIRECT STAFF TO BRING FORWARD A MILLS ACT
POLICY DISCUSSION TO CONSIDER PLACING A HOLD ON THE REVIEW OF
MILLS ACT APPLICATIONS AND DETERMINE IF THE CITY WILL PROCEED
WITH FUTURE MILLS ACT AGREEMENTS. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.6. Emergency Communications
Recommended Action:
Receive report and provide direction on communications practices.
Lauren Blom, Public Information Officer, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
AFTAB/PAGE MOVED TO DIRECT STAFF TO LOOK INTO MAXIMIZING THE
DISTRIBUTION LIST FOR THE SARATOGA SOURCE AND EMERGENCY
SITUATIONS, REVISIT THE CRISIS COMMUNICATIONS PLAN, AND LOOK
INTO SENDING AN EMERGENCY CARD TO ALL HOMES IN SARATOGA.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
Saratoga Sister City Committee Liaison - stated the Committee changed the meeting time and it
conflicts with the May 3, 2023 City Council meeting.
Silicon Valley Clean Energy Authority Board of Directors - stated the Board met with nothing to
report.
Santa Clara County Library District Board of Directors - stated the new Chair is Susan Landry,
Vice Mayor of Campbell; Vice Chair is Mark Turner, Mayor of Morgan Hill; the Board discussed
the Semi-Annual Gift Report and received the preliminary budget report; the Finance Committee
was confirmed – Chair: Susan Landry, Vice Chair: Mark Turner, Past Chair: Dion Bracco, Liang
Chao, Cupertino, Carmen Montano, Milpitas and Saratoga City Manager James Lindsay.
KSAR Community Access TV Board – Council Member Walia discussed the passing of Station
Manager Jon Wenger.
Council Member Chuck Page
Nothing to Report
Council Member Belal Aftab
Hakone Foundation Board of Trustees – stated the Board approved moving funds from First
Republic Bank, the Board reviewed the financials and the budget, took nominations for the next
Chair of the Board, continues to review attendance at Hakone, and approved the pathways project.
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Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming Memorial Day
Celebration.
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
WALIA/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:49 P.M. IN
MEMORY OF JON WENGER. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
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Saratoga City Council Minutes ~ November 15, 2023 ~ Page 1 of 8
MINUTES
WEDNESDAY, NOVEMBER 15, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Session with the Leadership Team from West Valley
College in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Bryan Swanson, Community Development Director
John Cherbone, Public Works Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
Macedonio Nunez, City Engineer
Mainini Cabute, Environmental Programs Manager
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on November 8, 2023.
REPORT FROM JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Joint Session with West Valley College
Leadership and provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON
ATTENDEES
Mayor Fitzsimmons invited public comment.
The following individuals spoke:
John Henley discussed the Saratoga Retirement Community expansion.
Tyler Hawes discussed Civic Bell.
Shawna Ballard, Marshall Zerbo, and Jody Tatro discussed the Housing Element.
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ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the All-Faith Community Thanksgiving Service, the
Annual Tree Lighting Ceremony, the City Council Reorganization, Let’s Work Saratoga Volunteer
Day, and the Celebration of Light event.
Vice Mayor Zhao shared information about the South Bay Military Veterans Chorus fundraiser.
Council Member Aftab shared information about the Saratoga History Museum event taking place
on the day of the Tree Lighting Ceremony.
Council Member Page shared information about the Candy Cane Village and Wine Stroll events.
SPECIAL PRESENTATION
New Taipei City, Friendship City Presentation
The City Council received a presentation from Katherine Tseng on New Taipei City.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
The following individual spoke: Marshall Zerbo.
Council Member Walia requested Item 1.8 be removed for separate discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 1, 2023, City Council Regular Meeting.
PAGE/ZHAO MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 1,
2023, CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 10/26/2023 and 11/02/2023 accounts payable vendor payment check
registers.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE 10/26/2023 AND 11/02/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
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1.3. Treasurer’s Report for the Month Ended September 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended September 30, 2023.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED SEPTEMBER 30, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.4. Final Map Approval for Two Lots Located at 14564 Chester Ave.
Recommended Action:
Adopt the Resolution granting final map approval of parcel map application No. ULS22-
0005 for two lots located at 14564 Chester Avenue (APN: 397 04 104).
RESOLUTION 23-086
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP
APPROVAL OF PARCEL MAP APPLICATION NO. ULS22-0005 FOR TWO LOTS
LOCATED AT 14564 CHESTER AVENUE (APN: 397 04 104). MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.5. Youth Commission Fundraising Plan 2023/24
Recommended Action:
Approve the 2023/24 Youth Commission Fundraising Plan to collect donations and seek
sponsorships of various Youth Commission initiatives, activities, and events.
PAGE/ZHAO MOVED TO APPROVE THE 2023/24 YOUTH COMMISSION
FUNDRAISING PLAN TO COLLECT DONATIONS AND SEEK SPONSORSHIPS
OF VARIOUS YOUTH COMMISSION INITIATIVES, ACTIVITIES, AND EVENTS.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
1.6. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of
the District for FY 24-25.
Recommended Actions:
1. Adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Adopt the Resolution appointing the Attorneys for the District.
RESOLUTION 23-084
RESOLUTION 23-085
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S
REPORT AND ADOPT THE RESOLUTION APPOINTING THE ATTORNEYS FOR
THE DISTRICT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE
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1.7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 24-25 for Annexation of
New Zone, Quito Oaks - Zone 40, to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 24-
25 for the annexation of New Zone (Quito Oaks – Zone 40) into the Landscaping and
Lighting Assessment District LLA-1.
2. Adopt the Resolution of Intention.
RESOLUTION 23-087
RESOLUTION 23-088
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY
APPROVAL OF THE ENGINEER'S REPORT FOR FY 24-25 FOR THE
ANNEXATION OF NEW ZONE (QUITO OAKS – ZONE 40) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.8. Budget Adjustment and Contract Amendments for Housing Element Contracts with
Urban Planning Partners and Lisa Wise Consulting, Inc.
Recommended Actions:
1. Adopt budget adjustment resolution for FY 2023/24 in the amount of $218,794 for work
on Saratoga’s 2023-2031 Housing Element Update.
2. Authorize the City Manager to execute a contract amendment with Urban Planning
Partners (UPP) for continued work on the Housing Element Update and General Plan
Amendment Environmental Impact Report (EIR) in the amount of $113,0000 for FY
2023/24.
3. Authorize the City Manager to execute a contract amendment with Lisa Wise Consulting,
Inc. (LWC) for continued work on the Mixed-Use/Multi-Family Design Standards in the
amount of $29,876 for FY 2023/24.
RESOLUTION 23-089
PAGE/WALIA MOVED TO ADOPT THE BUDGET ADJUSTMENT RESOLUTION
FOR FY 2023/24 IN THE AMOUNT OF $218,794 FOR WORK ON SARATOGA’S
2023-2031 HOUSING ELEMENT UPDATE, AUTHORIZE THE CITY MANAGER
TO EXECUTE A CONTRACT AMENDMENT WITH URBAN PLANNING
PARTNERS (UPP) FOR CONTINUED WORK ON THE HOUSING ELEMENT
UPDATE AND GENERAL PLAN AMENDMENT ENVIRONMENTAL IMPACT
REPORT (EIR) IN THE AMOUNT OF $113,0000 FOR FY 2023/24, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT
WITH LISA WISE CONSULTING, INC. (LWC) FOR CONTINUED WORK ON THE
MIXED-USE/MULTI-FAMILY DESIGN STANDARDS IN THE AMOUNT OF
$29,876 FOR FY 2023/24. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE
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2. GENERAL BUSINESS
2.1. 2023 Community Assessment Survey for Older Adults (CASOA) Report
Recommended Action:
Receive 2023 Community Assessment Survey for Older Adults (CASOA) report from
Senior Coordinating Council (SASCC) Executive Director Tylor Taylor.
Leslie Arroyo, Assistant City Manager, and Tylor Taylor, Senior Coordinating Council
Executive Director presented the staff report and results from the Community Assessment
Survey.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
No action needed, receive and file.
2.2. Santa Clara County Law Enforcement Contract Extension
Recommended Action:
Authorize the City Manager to provide written notice of renewal by City and Santa Clara
County for Law Enforcement Services from July 1, 2024, through July 1, 2029.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Jody Tatro, Marshall Zerbo
WALIA/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO PROVIDE
WRITTEN NOTICE OF RENEWAL BY CITY AND SANTA CLARA COUNTY FOR
LAW ENFORCEMENT SERVICES FROM JULY 1, 2024, THROUGH JULY 1, 2029.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
2.3. Mills Act Program Policy Review
Recommended Action:
Review the City’s existing Mills Act Program and provide direction to staff regarding
possible changes.
Bryan Swanson, Community Development Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Marilyn Marchetti, Priya Shastri, Bill Dalton
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PAGE/WALIA MOVED TO DIRECT STAFF TO AMEND THE MILLS ACT
PROGRAM AS FOLLOWS: ISSUE A NOTICE OF NON-RENEWAL FOR ALL
CURRENT MILLS ACT AGREEMENTS AND IMMEDIATELY UPON ENTERING
A NEW MILLS ACT AGREEMENT SO THAT THE NEW AGREEMENTS REMAIN
IN PLACE FOR ONLY TEN YEARS, CHANGE THE REQUIREMENTS OF THE
PROGRAM TO REQUIRE SATISFACTION OF FOUR OF THE SEVEN CRITERIA
LISTED IN THE MUNICIPAL CODE, AND INCLUDE STRINGENT
REQUIREMENTS IN MAINTENANCE PLANS FOR MILLS ACT PROPERTIES.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.
2.4. Discussion of Public Art Commission
Recommended Action:
Provide direction to staff.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO AMEND MUNICIPAL CODE SECTION 2-12.020(A)2 TO
ELIMINATE THE MEETING ATTENDANCE REQUIREMENT FOR
COMMISSION APPLICANTS WHEN A QUORUM OF THE MEMBERSHIP DOES
NOT EXIST.
Additional discussion took place.
PAGE/FITZSIMMONS MOVED TO DIRECT STAFF TO BRING BACK A
RESOLUTION TO DISBAND THE PUBLIC ART COMMISSION, INCREASE THE
LIBRARY AND COMMUNITY ENGAGEMENT COMMISSION TO SEVEN
MEMBERS, AND CHANGE THE NAME TO LIBRARY AND PUBLIC ARTS
COMMISSION. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, FITZSIMMONS. NOES: WALIA, ZHAO. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
2.5. Annual Review --Saratoga Climate Action Plan 2030
Recommended Action:
Accept report on the Annual Review of the City’s Climate Action Plan.
Mainini Cabute, Environmental Programs Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Jim Cargill
No action needed, receive and file.
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2.6. American Rescue Plan Act of 2021 (ARPA) funds - Update
Recommended Action:
Receive updates on the American Rescue Plan Act of 2021 (ARPA) funded projects.
Macedonio Nunez, City Engineer, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bill Dalton
No action needed, receive and file.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors – stated Joint Powers Authority
formation was approved by the Board of Directors - 12 of the 15 cities have agreed to the
agreement; the 2024 Officers were appointed as follows: President Neysa Fligor (Los Altos), First
Vice-President Larry Klein (Sunnyvale), Second Vice-President Tina Walia (Saratoga),
Secretary/Treasurer Hung Wei (Cupertino), Immediate Past President Margaret Abe-Koga
(Mountain View).
Silicon Valley Clean Energy Authority Board of Directors – stated the Board appointed Monica
Padilla as the new CEO effective April, 2024; authorized a contract for a 100MW wind project;
approved implementing a Statewide Billing Tariff; provided direction to update Clean Power
Offers for 2024, and updated the modernization of permitting and policies.
Council Member Chuck Page
Saratoga Chamber of Commerce Board – stated he attended the meeting, nothing to report
West Valley Clean Water Program Authority Board of Directors – stated he attended the meeting,
nothing to report
West Valley Solid Waste Management Authority Board of Directors – stated the Board received
an overview of potential new enforcement procedures and fees that begin January 2024 due to SB
1383.
Council Member Belal Aftab
Valley Transportation Authority (VTA) Policy Advisory Committee – stated 27 bus operators
recently graduated, bike education videos are available on VTA’s website and stated an audit will
be occurring soon.
Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming Community
Thanksgiving Event.
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
Aftab/Page requested that the City Council consider adding parking spots at the Prospect Center
as a Council Nominated CIP Project.
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COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ADJOURNMENT
Mayor Fitzsimmons adjourned the meeting at 10:52 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
120
121
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Nicole Johnson, Senior Planner
SUBJECT: Mills Act Program Policy Options
RECOMMENDED ACTION:
Review the City’s existing Mills Act Program and provide direction to staff regarding possible
changes.
BACKGROUND:
At its May 3, 2023 meeting the City Council directed staff to place the discussion of the City’s
Mills Act program on a future agenda.
Enacted in 1972, the Mills Act is an economic incentive program in California for the restoration
and preservation of historic buildings by property owners. Entering a Mills Act agreement is a
voluntary and discretionary act by the City Council. This means that the program is optional and
the Council can choose to enter Mills Act contracts and set reasonable conditions for such
contracts.
The Mills Act grants local governments the authority to enter into agreements with owners of
qualified historical properties to provide for the use, maintenance, and restoration of the properties
to retain characteristics of their historical significance. In exchange for these restrictions, the
owners receive a reduced assessed valuation of their property thereby lowering their property
taxes. A Mills Act agreement has a term of 10 years. Each year the agreement is automatically
renewed unless the property owner or the City issues a notice of non-renewal. If the agreement is
not renewed, it expires after ten years at which time the tax benefit is rescinded and the property
owner is no longer subject to the requirements of the Mills Act agreement. The property remains
subject to the provisions of the City Code concerning historic landmarks.
The City Council approved the participation in the Mills Act Program in March, 2003. (See
Attachment A.) It is Council policy that no more than three applications for the Mills Act be
approved per year and there are currently 16 properties subject to Mills Act agreements in the City.
122
The City’s General Plan Land Use Element has the following goal and implementing policy related
to the Mills Act Program:
Goal LU 12: Recognize the heritage of the city by seeking to protect historic and cultural
resources, where feasible.
Policy LU 12.4: The City shall continue to participate in the Mills act program which
allows property owners of historic residences a reduction of their property tax.
Because the program is discretionary, the Council has a range of options. These include, but are
not limited to:
1) Suspend Saratoga’s Mills Act program for a defined period and declare that no Mills Act
applications will be considered until a specific date in the future;
2) Limit the number of Mills Act Agreements in the City to no more than one (1) a year;
3) Issue a notice of non-renewal for all current Mills Act agreements and immediately upon
entering a new Mills Act agreement so that the new agreements remain in place for only
ten years;
4) Require owners of Mills Act properties to submit new maintenance plans every five years
or be subject to non-renewal;
5) Prohibit rental of residential properties subject to the Mills Act;
6) Terminate the City’s Mills Act Program and direct staff to process a General Plan
amendment to remove Policy LU 12.4; and
7) Consider other options or combinations of the options above.
If the Council proposes revisions to the City’s Mills Act program, pursuant to Section 13-10.040(d)
of the City Code, staff will take the matter to the Historic Preservation Commission for their
comment and then return to the City Council with the Commission’s recommendations for Council
consideration.
ATTACHMENTS:
Attachment A – Resolution 03-016 (Approving the City’s participation in the Mills Act Program)
Attachment B – Public Comments
1645517.1
123
124
1
From: Kookie Fitzsimmons <kookie@saratoga.ca.us>
Sent: Monday, May 8, 2023 5:05 PM
To: Britt Avrit <bavrit@saratoga.ca.us>
Subject: Fw: Mills Act Thoughts
From: Darrell Miller <>
Sent: Thursday, May 4, 2023 8:48 AM
To: Kookie Fitzsimmons <kookie@saratoga.ca.us>; Yan Zhao <yzhao@saratoga.ca.us>; Belal Aftab
<baftab@saratoga.ca.us>; Chuck Page <cpage@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>
Subject: Mills Act Thoughts
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
I attended last evening's Council Meeting via Zoom, intending to provide this public comment, but unfortunately was
late in raising my hand.
See attached.
125
Everyone in Saratoga values historic preservation.
In this agenda item you are considering one incremental change to our Saratoga Mills Act
program
In reviewing the thought provoking email from Bill Dalton attached to the agenda, I
think it is time for a thorough review of the Mills Act program, its criteria, it costs,
benefits, the staff time involved, and the amount historic preservation delivered.
Are we getting a maximum amount of historic preservation from our Mills Act program,
or do we have a tax break primarily benefiting a few?
In terms of tangible costs, I find it surprising that for every dollar of lost city revenue that
you approve, there is $15 of lost revenue to schools, the library system, the fire
department, etc., impacting the finances of groups that are not involved in the approval
process.
I also wonder if the costs of implementation, including staff time, are being recouped
from property owners. What this part of the recent fee review?
Thank you.
126
Saratoga City Council Minutes ~ June 7, 2023 ~ Page 1 of 12
MINUTES
WEDNESDAY, JUNE 7, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the City Council held a Closed Session in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
At 6:15 p.m., the City Council held a Joint Session with Supervisor Simitian and Saratoga Area
Senior Coordinating Council (SASCC) in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons called the Regular Session to order at 7:11 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Nick Pegueros, Administrative Services Director
John Cherbone, Public Works Director
Britt Avrit, City Clerk
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on June 2, 2023.
REPORT FROM STUDY SESSION AND JOINT SESSION
Mayor Fitzsimmons stated the City Council met in Closed Session prior to the Joint Session to
discuss labor negotiations with no reportable action.
Mayor Fitzsimmons stated the City Council held a Joint Session with Supervisor Simitian and
Saratoga Area Senior Coordinating Council (SASCC).
Supervisor Simitian and Tylor Taylor, Saratoga Area Senior Coordinating Council (SASCC)
Executive Director, provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 2 of 12
The following individuals spoke at this time:
Dory Albert discussed review of emergency preparedness procedures for the City, the Safe Routes
to School Program and adding a bicycle bridge in the City.
Carl Gaurdino discussed the July 1st annual Stars and Stripes run and walk.
Jimmy Apffel discussed the July 1st annual Stars and Stripes run and walk.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the Dragon Boat Festival, Summer Movie Nights,
Saratoga Safety Fair and Youth in Government.
Council Member Walia shared information about the “Find Your Voice” free summer reading
program and training for recognizing opioid overdose offered at all community libraries in the
summer and fall.
Council Member Aftab shared information about the Saratoga Historical Foundation’s mahjong
fundraiser and Paul Masson Winery lecture.
PUBLIC HEARINGS
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 41 (Saratoga Woods) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 41
(Saratoga Woods); 173 ballots received; 142 yes, 31 no.
RESOLUTION 23-043
PAGE/ZHAO MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 41 (SARATOGA WOODS). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 3 of 12
2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 42 (Gardiner Park) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Dory Albert
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 42
(Gardiner Park); 47 ballots received; 38 yes, 9 no.
RESOLUTION 23-044
AFTAB/PAGE MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 42 (GARDINER PARK). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 43 (Lower Pierce) and Confirmation
of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 43 (Lower
Pierce); 24 ballots received; 19 yes, 5 no.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 4 of 12
RESOLUTION 23-045
PAGE/ZHAO MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 43 (LOWER PIERCE). MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.4. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 44 (Golden Triangle) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Vijay, and a member of the public
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 44 (Golden
Triangle); 344 ballots received; 228 yes, 116 no.
RESOLUTION 23-046
AFTAB/PAGE MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 44 (GOLDEN TRIANGLE). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 45 (Burgundy) and Confirmation of
Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bridget Dimambro
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0 Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 45
(Burgundy); 32 ballots received; 24 yes, 8 no.
RESOLUTION 23-047
PAGE/FITZSIMMONS MOVED TO ACCEPT THE RESULTS OF THE BALLOTING
AND ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 45 (BURGUNDY). MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.6. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 46 (Austin Bainter) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 46 (Austin
Bainter); 19 ballots received; 13 yes, 6 no.
RESOLUTION 23-048
PAGE/AFTAB MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 46 (AUSTIN BAINTER). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 6 of 12
CEREMONIAL ITEMS
Commendations Recognizing Outgoing Youth Commissioners
Recommended Action:
Receive presentation on efforts of the Youth Commission during the 2022/23 school year
and present commendations to outgoing Commissioners Alex Xia, Aniket Singh, Ashly
Henry, Nicole Hao, and Saket Kelkar recognizing their service on the Saratoga Youth
Commission.
The City Council received the Youth Commission presentation and commended outgoing
Commissioners Alex Xia, Aniket Singh, Ashly Henry, Nicole Hao, and Saket Kelkar
recognizing their service on the Saratoga Youth Commission.
Appointment of Youth Commissioners
Recommended Action:
Adopt the Resolution appointing Julie Chen, Sia Chowdhri, Hillary Gonzalez, Sriya
Mukund and Bianca Sutioso to the Youth Commission and direct the City Clerk to
administer the Oath of Office.
RESOLUTION 23-039
ZHAO/AFTAB MOVED TO ADOPT THE RESOLUTION APPOINTING JULIE
CHEN, SIA CHOWDHRI, HILLARY GONZALEZ, SRIYA MUKUND AND BIANCA
SUTIOSO TO THE YOUTH COMMISSION AND DIRECT THE CITY CLERK TO
ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
SPECIAL PRESENTATION
New Taipei Friendship City Special Presentation
Recommended Action:
Receive presentation on a proposal to establish a Friendship City relationship with New
Taipei.
Katherine Tseng, Wendy Chang, Jennifer & David Guidry and John, provided a presentation
on a proposal to establish a Friendship City relationship with New Taipei.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the May 17, 2023 City Council Regular Meeting.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 7 of 12
ZHAO/PAGE MOVED TO APPROVE THE MINUTES FOR THE MAY 17, 2023 CITY
COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 05/10/2023, 05/18/2023, and 05/25/2023 accounts payable vendor
payment check registers.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE 05/10/2023, 05/18/2023, AND
05/25/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended April 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2023.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Resolution to Establish a List of Projects to be Funded by The Road Repair and
Accountability Act of 2017 for FY 2023-24
Recommended Action:
Adopt the Resolution to establish a list of projects to be funded by the Road Repair and
Accountability Act of 2017 for FY 2023-24.
RESOLUTION 23-040
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION TO ESTABLISH A LIST OF
PROJECTS TO BE FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 FOR FY 2023-24. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.5. No U-Turn on Saratoga Avenue at Ranfre Lane
Recommended Action:
Adopt the Motor Vehicle Resolution authorizing No U-Turn for vehicles traveling
southbound on Saratoga Avenue at Ranfre Lane.
RESOLUTION MV 333
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 8 of 12
ZHAO/PAGE MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING NO U-TURN FOR VEHICLES TRAVELING SOUTHBOUND ON
SARATOGA AVENUE AT RANFRE LANE. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.6. Budget Amendment – Allendale Landscape District LLA Zone 36
Recommended Action:
Adopt the Resolution appropriating $4,000 from the LLA Zone 36 fund balance into the
Fiscal Year 2022/23 operating budget.
RESOLUTION 23-041
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION APPROPRIATING $4,000
FROM THE LLA ZONE 36 FUND BALANCE INTO THE FISCAL YEAR 2022/23
OPERATING BUDGET. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
1.7. Resolution Recommending Approval of Road Closure for Annual Saratoga Car Show
Recommended Action:
Adopt the Resolution recommending approval of the closure of Big Basin Way/State Route
9 for the annual Saratoga Car Show.
RESOLUTION 23-042
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION RECOMMENDING
APPROVAL OF THE CLOSURE OF BIG BASIN WAY/STATE ROUTE 9 FOR THE
ANNUAL SARATOGA CAR SHOW. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. PUBLIC HEARINGS
2.7. Landmark Designation & Mills Act Agreement for 14275 Saratoga Avenue
Application No. LNDMRK23-0001 & MIL23-0001
Recommended Action:
The Heritage Preservation Commission (HPC) recommends that the City Council:
1. Conduct a public hearing on the proposal to designate the subject property as a historic
landmark and enter into a Mills Act Agreement.
2. Introduce and waive first reading of the attached ordinance designating the property as a
historic landmark.
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
4. Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act
Agreement for the property located at 14275 Saratoga Avenue upon the effective date of the
landmark ordinance.
Nicole Johnson, Senior Planner, presented the staff report.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 9 of 12
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Jorge Sanchez, Alexandra Nugent, Marilyn Marchetti, Priya
Shastri, Bill Dalton, Rina Shah
RESOLUTION 23-049
WALIA/PAGE MOVED TO INTRODUCE AND WAIVE FIRST READING OF THE
ORDINANCE DESIGNATING THE PROPERTY AS A HISTORIC LANDMARK,
DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR
FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL,
ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 14275
SARATOGA AVENUE UPON THE EFFECTIVE DATE OF THE LANDMARK
ORDINANCE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.
2.8. Fiscal Year 2023-24 Budget Public Hearing
Recommended Action:
Conduct public hearing on the proposed Fiscal Year 2023-24 budget and provide direction
on edits for final consideration at the June 21 City Council meeting.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
PAGE/WALIA MOVED TO CONSIDER ADOPTION OF THE PROPOSED BUDGET
AT THE JUNE 21, 2023 CITY COUNCIL MEETING. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.9. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-050
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ZHAO/WALIA MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FOR FY 23-24. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Paint the City Artwork Approval
Recommended Action:
Approve artwork recommended by the Public Art Commission for the 3 utility box locations
included in the 2023 cycle of Paint the City: Saratoga Utility Box Art Project; approve and
authorize artist stipends in the amount of $600 per location; and adopt the Resolution
supporting installation of artwork on State of California Department of Transportation
(Caltrans) utility box locations on Saratoga Avenue north and south of State Route 85,
assuming responsibility for maintenance and upkeep of artwork, and authorizing the City
Manager to execute a maintenance agreement.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-051
WALIA/ZHAO MOVED TO APPROVE ARTWORK RECOMMENDED BY THE
PUBLIC ART COMMISSION FOR THE 3 UTILITY BOX LOCATIONS INCLUDED
IN THE 2023 CYCLE OF PAINT THE CITY: SARATOGA UTILITY BOX ART
PROJECT; APPROVE AND AUTHORIZE ARTIST STIPENDS IN THE AMOUNT
OF $600 PER LOCATION; AND ADOPT THE RESOLUTION SUPPORTING
INSTALLATION OF ARTWORK ON STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) UTILITY BOX LOCATIONS ON SARATOGA
AVENUE NORTH AND SOUTH OF STATE ROUTE 85, ASSUMING
RESPONSIBILITY FOR MAINTENANCE AND UPKEEP OF ARTWORK, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
AGREEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
3.2. Saratoga Area Senior Coordinating Council Amended Lease
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with the Saratoga Area
Senior Coordinating Council.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 11 of 12
PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED LEASE AGREEMENT WITH THE SARATOGA AREA SENIOR
COORDINATING COUNCIL. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
3.3. Council Resolution to Adopt Memorandum of Understanding for the Carpenters 46
Northern California Counties Conference Board on behalf of the Northern California
Carpenters Regional Council (“UNION”) July 1, 2023 to June 30, 2027.
Recommended Action:
Approve the proposed Memorandum of Understanding (MOU) and adopt the Resolution to
adopt Memorandum of Understanding for the Carpenters 46 Northern California Counties
Conference Board on behalf of the Northern California Carpenters Regional Council
(“UNION”) July 1, 2023, to June 30, 2027.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-052
PAGE/ZHAO MOVED TO APPROVE THE PROPOSED MEMORANDUM OF
UNDERSTANDING (MOU) AND ADOPT THE RESOLUTION TO ADOPT
MEMORANDUM OF UNDERSTANDING FOR THE CARPENTERS 46
NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD ON BEHALF OF
THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
(“UNION”) JULY 1, 2023, TO JUNE 30, 2027. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: PAGE. ABSENT: NONE.
3.4. Mills Act Program Policy Options
Recommended Action:
Review the City’s existing Mills Act Program and provide direction to staff regarding
possible changes.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Marilyn Marchetti, Annette Stransky, Priya Shastri, Bill
Dalton, Rina Shah, Daryl Miller, Alexandra Nugent
PAGE/FITZSIMMONS MOVED TO INSTITUTE A MORATORIUM FOR ALL MILLS
ACT APPROVALS FOR THE NEXT 12 MONTHS OR UNTIL THE PROCESS HAS
BEEN UPDATED WHICHEVER IS SOONER, SEND A LETTER TO ALL MILLS
ACT PROPERTY HOMEOWNERS STATING THEIR 10-YEAR CYCLE ENDS AT
THE END OF THE CURRENT 10 YEAR CYCLE, HAVE THE CITY COUNCIL
WORK WITH APPROPRIATE CITY COMMISSION TO DEVELOP AN UPDATED
SET OF RULES.
Additional discussion took place.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 12 of 12
PAGE/FITZSIMMONS MOVED TO SUSPEND SARATOGA’S MILLS ACT
PROGRAM FOR UP TO 12 MONTHS PENDING A FUTURE STUDY SESSION TO
EVALUATE IMPLEMENTATION OF THE MILLS ACT. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: PAGE, ZHAO, FITZSIMMONS. NOES: AFTAB, WALIA.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
KSAR Community Access TV Board - stated she attended the meeting with nothing to report.
Santa Clara County Library District Board of Directors – stated the Board adopted Fiscal Year
23-24 budget and appointed Cupertino Vice Mayor Sheila Mohan as Finance Committee Member
at Large.
Council Member Chuck Page
Nothing to report.
Council Member Belal Aftab
Nothing to report.
Vice Mayor Yan Zhao
Saratoga Ministerial Association - stated the Association discussed the Memorial Day Service.
Mayor Kookie Fitzsimmons
Nothing to report.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
PAGE/AFTAB MOVED TO ADJOURN THE MEETING AT 11:04 P.M. MOTION PASSED
BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
138
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Nicole Johnson, Senior Planner
SUBJECT: Consider Owner Occupancy Requirement for Mills Act Agreements
RECOMMENDED ACTION:
Provide direction to staff regarding whether the City should require that residential buildings
subject to a Mills Act agreement be owner occupied.
BACKGROUND:
At its April 19, 2023 meeting the City Council directed staff to prepare information to facilitate
City Council discussion of whether the City should amend its Mills Act process to require that that
residential buildings subject to a Mills Act agreement be owner occupied.
As background, the Mills Act is state legislation granting local governments the authority to enter
into agreements with owners of qualified historical properties to provide for the use, maintenance,
and restoration of the properties to retain characteristics of their historical significance. In
exchange for these restrictions, the owners receive a reduced assessed valuation of their property
thereby lowering their property taxes. The City Council approved participating in the Mills Act
Program in March, 2003. It is Council policy that no more than three applications for the Mills
Act be approved per year.
A Mills Act agreement has a term of 10 years. Each year the agreement is automatically renewed
unless the property owner or the City issues a notice of non-renewal. If the contract is not renewed,
it expires after 10 years. Over those ten years the property taxes gradually increase until they reach
their normal level at the end of the term of the agreement. A Mills Act agreement can also be
cancelled if the property owner is found to be in breach of the agreement, terminating it
immediately. In the event of a cancellation, the landowner must pay a fee of 12.5% of the
property’s assessed value to the county auditor and the property taxes immediately increase to their
normal level.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council. This
means that the Council can set reasonable conditions for such contracts. Accordingly, the Council
139
could choose to impose an owner occupancy requirement for residential buildings subject to a
Mills Act agreement.
The key policy questions related to creating an owner occupancy requirement are: (1) what
standards determine whether the occupant is an owner; (2) the process for terminating the
agreement when the owner-occupancy requirement is no longer satisfied; and (3) whether there
should be any exceptions to the requirement. Each of these is discussed below. Council or
members of the public may identify other policy issues and these can be discussed at the Council
meeting as well.
Who qualifies as an owner? Title to property can be held in various ways. The policy could be
structured in ways ranging from very strict (at least one of the occupants must be a person named
on title) to less strict (the property must not be occupied by any person paying for the right to
occupy the property). One approach would be to rely on the State of California’s existing system
whereby homeowners claim a homeowner’s exemption under state property tax laws. This
approach would have Council policy be that all residences subject to a Mills Act agreement be
occupied in such a way that the property qualifies for the homeowner’s exemption as reflected in
the County Assessor’s records. Alternatively, the policy could require that property owners with
Mills Act agreements provide the City with evidence of occupancy on annual basis (this could
include things such as copies of driver’s licenses and vehicle registration, recent utility bills,
redacted bank statements, etc.). Of course there are many other approaches that could be used.
What is the process for terminating the agreement? If a property no longer satisfies the owner
occupancy requirement the Council policy can provide that either (1) the City cancel the agreement
immediately (requiring payment of the 12.5% fee by the property owner and leading to an
immediate increase to normal tax levels), or (2) the City issue a notice of nonrenewal, terminating
the contract after 10 years (with a gradual increase in taxes over that period).
Should there be any exceptions? The Council should consider whether there should be any
exceptions to the requirement. For example, during the April 19 City Council meeting there was
a suggestion that there be an exception in the event the property is not owner occupied due to an
illness.
Staff reached out to other cities with Mills Act programs for insights as to how others have
addressed these policy questions. Of the sixteen cities that responded, none has an owner
occupancy requirement and so staff received no information on approaches to how this
requirement could be implemented.
NEXT STEPS
Based on Council direction staff will prepare a draft statement of the Council policy and a draft of
an additional provision to be inserted in the City’s standard form for Mills Act Agreements.
Pursuant to Section 13-10.040(d) of the City Code, staff will take the matter to the Historic
Preservation Commission for their comment and then return to the City Council with the
Commission’s recommendations for Council consideration. Following Council action staff will
return with the Mills Act agreement that had been before the Council on April 19. Staff will not
140
process any further Mills Act agreements until this process is complete. Staff has consulted with
the Tax Assessor’s office and they have indicated that Mills Act agreements recorded by December
31, 2023 will be eligible for reduced property taxes in 2024.
ATTACHMENTS:
Attachment A – March 3, 2003 Resolution Approving the Mills Act Program
Attachment B – Form Mills Act Agreement
1639806.1
141
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Page 1 of 12
Recording Requested by and
when recorded mail to:
Office of the City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Form per Gov't Code Section 27361.6
[SPACE ABOVE THIS LINE FOR RECORDER'S USE]
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, ("Agreement"), is made and entered into this ___ day of ________ 2023 by
and between, ("Owner"), Owner of the real property described below, and the City
of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein
individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties to retain characteristics of historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and referenced
herein as Historic Property. The Historic Property is shown as Assessors' Parcel Number XXX-XX-
XXX on the 2023 Santa Clara County Assessors' Roll and is generally referenced by the following
street address: XXXX in the City of Saratoga, as of the Effective Date.
(3) The Historic Property was designated by the City as a historic landmark by Ordinance
No XXX and the City has determined that this Agreement is necessary to allow the restoration,
rehabilitation, and maintenance of the Historic Property.
(4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to
protect and preserve the characteristics of historical significance of the Historic Property and to
qualify the Historic Property for an assessment of valuation pursuant to Sections 439-439.4 of the
California Revenue and Taxation Code. The Resolution of the City Council approving this
Agreement is attached hereto as Exhibit B.
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth herein and
the recitals set forth above, do hereby agree as follows:
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(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded in the Santa Clara
County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years
thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the
Agreement shall be extended by one year unless notice of non-renewal is served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or City desire in any
year not to renew the Agreement, that Party shall serve on the other Party written notice of non-
renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date.
Notice of non-renewal by Owner shall be filed at least ninety days prior to the Renewal Date. Either
party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time
prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of
non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall
remain in effect for ten years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the historic
significance of the Historic Property and the condition of the Historic Property as of the Effective
Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general improvement plans for
maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this
Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the
rules and regulations of the Office of Historic Preservation of the California Department of Parks
and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of
California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall
preserve and maintain the characteristics that contribute to the historic significance of the Historic
Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with the
Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on the Historic Property that does not involve a
change in design, material, or external appearance thereof. Nor does this Agreement prevent the
construction, reconstruction, alteration, restoration, demolition, or removal of any such external
architectural feature when the Community Development Director determines that such action is
required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as
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Page 3 of 12
Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement
shall be deemed to prevent any fire, building, health, or safety official from enforcing laws,
ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the
Owner or occupants of the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not block the view of
the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or
other landscaping.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and all information
requested by City relevant to this contract to determine compliance with the terms and provisions of
this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement,
all records as may be necessary to determine the eligibility of the property involved, and Owner’s
compliance with the terms and provisions of this Agreement. These records shall include, but not be
limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the
event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all
such records to the new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a report which
shall specify all work completed during the preceding twelve months to comply with the
requirements of this Agreement and report on such other items as may be specified by the
Community Development Director.
(d) Owner shall allow for periodic examinations, by prior appointment, of the interior and
exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or
the City. The Community Development Director shall determine when periodic examinations by the
City may be necessary to determine the eligibility of the property involved, and to determine
Owner’s compliance with the terms and provisions of this Agreement; these examinations shall take
place not less than once every five years. Examinations by representatives of the Interested
Agencies shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government
Code Section 50285, may cancel this Agreement if it determines one or more of the following:
(i) Owner has breached any of the terms or conditions of this Agreement;
(ii) Owner has allowed the Historic Property to deteriorate to the point that it no
longer meets the standards of the Applicable Rules or no longer qualifies as a City of
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Saratoga historic landmark;
(iii) Owner has allowed the property to deteriorate to the point that it no longer
meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are
not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for
the Abatement of Dangerous Buildings;
(iv) Owner has not complied with other local, state, or federal laws and regulations.
(b) In the event of cancellation, OWNER shall be subject to payment of those cancellation
fees set forth in California Government Code Sections 50280, et seq.
(6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be
deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by
Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity
which are not otherwise provided for under the terms of this Agreement or in the City's laws and
regulations are available to the City.
(7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Agreement,
City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a
default by Owner City shall give written notice of the violation to Owner by registered or certified
mail addressed to the address provided for notice in this Agreement. The violation shall be corrected
to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the
violation cannot reasonably be cured within sixty days, actions to cure the violation shall be
commenced within sixty days and pursued diligently to completion within a reasonable period of
time to be determined by the City. If the violation is not timely cured then the City may, without
further notice, declare a default and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way
limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal
law, including the historic preservation regulations under the City’s municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations,
and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and
agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in
this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic
Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every
contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such
contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to
the City.
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(b) City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner
has a legal interest in the Historic Property and this Agreement relates to and affects the use of the
Historic Property.
(c) City and Owner hereby further declare their understanding and intent that the benefit of
such covenants, reservations, and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Historic Property for the benefit,
which includes, but is not limited to the benefit to the public street named in the recitals to this
Agreement, City, residents of City and of the State of California, and Owner.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified
by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER:
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or
conditions of this Agreement shall be deemed to create a partnership between the parties hereto and
any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them
to be considered joint ventures or members of any joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless
and indemnify City, its City Council, commissions, officers, agents, and employees from and against
any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused,
including all costs and reasonable attorney's fees in providing a defense to any claim arising there
from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions
with respect to or in any way connected with the prosecution of the work performed by Owner
pursuant to this Agreement. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans, specifications,
other documents, or any proposed conduct relating to the Historic Property.
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to
enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein,
or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay
its own attorney's fees.
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(13) Recordation and Notice. No later than twenty (20) days after the parties execute and
enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the
Office of Historic Preservation of the Department of Parks and Recreation no later than six (6)
months after entering into this Agreement and shall provide the City with a copy of such notice at
the time it is filed.
(14) Fees. The Community Development Director may assess, and Owner shall pay such
Mills Act Historic Property Contract fees for the administration of this Agreement as may be
authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any
reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or
by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of
the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and
Owner hereby declare that each would have approved and accepted this Agreement, and each
section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies the
agreement between City and Owner and its terms and conditions. No other understanding,
agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial
information and in no way binding upon City. All Exhibits to this Agreement are hereby
incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and subparagraphs are for
convenience only and shall not be considered or referred to in resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and construed in
accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day
and year first written above.
CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
____________________________
JAMES LINDSAY
CITY MANAGER
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Page 7 of 12
Address:
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1222
Fax Number: (408) 868-8555
ATTEST:
____________________________
Britt Avrit
CITY CLERK
Approved as to Form:
_____________________________
RICHARD TAYLOR
CITY ATTORNEY
OWNER [Notarized Signature(s) Required]
By: _____________________________
Name:
Title: Property Owner
Local Address:
Exhibit List
Exhibit A – Legal Description of Historic Property
Exhibit B – City Council Resolution Approving Agreement
Exhibit C – Baseline Conditions of Historic Property
Exhibit D – Restoration Plan
Exhibit A
The Historic Property that is the subject of this Agreement is the real property described below
including all structures and improvements thereon:
149
APN:
Property commonly known as:
150
Exhibit B
RESOLUTION NO.
APPROVING MILLS ACT CONTRACT
[Begins on following page.]
151
Exhibit C
BASELINE CONDITIONS
1. NAME OF HISTORIC LANDMARK:
2. ADDRESS:
3. ASSESSOR’S PARCEL NUMBER:
COMPLETE LEGAL DESCRIPTION:
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
APN:
Property commonly known as:
4. RANGE OF ADDRESSES:
5. PRESENT OWNERS:
6. OWNERSHIP:
7. PRESENT AND ORIGINAL USE:
8. ARCHITECTURAL STYLE:
9. PRESENT PHYSICAL DESCRIPTION:
10. CONSTRUCTION DATE:
11. ARCHITECT, DESIGNER, OR ENGINEER:
12. CONTRACTOR/BUILDER:
13. PHOTOGRAPHS:
14. CONDITION: Excellent with its age. Estimated maintenance and preservation costs are
$XXX over the course of ten years.
15. ALTERATIONS:
152
16. THREATS TO THE SITE:
17. STATEMENT OF SIGNIFICANCE:
18. SOURCES:
19. PREPARER: City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
153
Exhibit D
RESTORATION PLAN
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 1 of 8
MINUTES
WEDNESDAY, MAY 3, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Study Session in the Linda Callon Conference Room to
review the requirements of the Housing Accountability Act in comparison to the City’s Single
Family Design Review Process in preparation for the Joint Session with the Planning Commission.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Paul Germeraad, Bill Dalton
At 6:11 p.m., the City Council held a Joint Session with the Planning Commission in the Linda
Callon Conference Room to discuss the Commission’s priorities and FY 2023/24 work plan.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
WALIA/ZHAO MOVED TO APPROVE ITEMS 1-4 OF THE PLANNNG
COMMISSION’S WORK PLAN, APPROVE THE TRAINING BUDGET REQUEST,
ADD MEETING PROTOCOL TRAINING FOR THE COMMISSION, ADD
COMMISSION STUDY SESSIONS REGARDING THE DESIGN REVIEW
HANDBOOK, AND MOVE WORK PLAN ITEM 6 TO A PLACEHOLDER ITEM TO
ADDRESS IF TIME PERMITS. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
Mayor Fitzsimmons called the Regular Session to order at 7:10 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Britt Avrit, City Clerk
Nick Pegueros, Administrative Services Director
Debbie Pedro, Community Development Director
Nicole Johnson, Senior Planner
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on April 27, 2023.
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 2 of 8
REPORT FROM STUDY SESSION AND JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Study Session at 5:00p.m. to discuss the Single
Family Design Review Process and the Housing Accountability Act followed by a Joint Session
with the Planning Commission at 6:00 p.m. to discuss the Commission’s priorities and FY 2023/24
work plan.
Chair Brownley, Chair of the Planning Commission provided a report of the Joint Session with the
City Council.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time:
Barbara Heninger discussed upcoming South Bay Musical Theatre productions.
Bill Dalton discussed “Our Neighborhood Voices” Initiative.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about Blue Gum Eucalyptus Tree Removal Permits, City
Council Joint Session with Neighborhood Watch, Paint the City Voting and Building Safety
Month.
Council Member Page shared information about the Chamber of Commerce Spring Wine
Experience and Saratoga High School Performing Arts’ Mama Mia production.
Council Member Walia shared information about Redwood Middle School’s upcoming Festival
of Colors event ‘HOLI.’
Vice Mayor Zhao shared information about the Saratoga Rotary Fine Art Show at West Valley
College.
CEREMONIAL ITEMS
Proclamation Declaring May 2023 as National Preservation Month
Recommended Action:
Proclaim May 2023 as National Preservation Month in the City of Saratoga.
The City Council proclaimed May 2023 as National Preservation Month in the City of
Saratoga.
Proclamation Honoring the 20th Anniversary of the Assistance League of Los Gatos-
Saratoga
Recommended Action:
Present a proclamation recognizing the 20th anniversary of Assistance League of Los
Gatos-Saratoga
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 3 of 8
The City Council recognized the 20th anniversary of the Assistance League of Los Gatos-
Saratoga.
SPECIAL PRESENTATIONS
College of Adaptive Arts Special Presentation
Recommended Action:
Receive presentation from the College of Adaptive Arts.
DeAnna Pursai, Executive Director and AJ Vanderpan, Student, from the College of Adaptive
Arts provided a presentation on the College of Adaptive Arts.
Catholic Charities of Santa Clara County Long-Term Care Ombudsman Program Special
Presentation
Recommended Action:
Receive presentation from Catholic Charities of Santa Clara County Long-Term Care
Ombudsman Program.
Linda Dominguez, Program Manager, Long Term Care Ombudsman Program from Catholic
Charities of Santa Clara County provided a presentation on the Santa Clara County Long
Term Ombudsman Program.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the April 19, 2023 City Council Regular Meeting.
ZHAO/PAGE MOVED TO APPROVE THE MINUTES FOR THE APRIL 19, 2023
CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 04/13/2023 and 04/20/2023 accounts payable vendor payment check
registers.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE 04/13/2023 AND 04/20/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 4 of 8
1.3. Treasurer’s Report for the Month Ended March 31, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended March 31, 2023.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED MARCH 31, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Authorization to Write Off Bad Debt
Recommended Action:
Authorize write off bad debt totaling $1,449 as of March 31, 2023.
ZHAO/PAGE MOVED TO AUTHORIZE THE WRITE OFF OF BAD DEBT
TOTALING $1,449 AS OF MARCH 31, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. GENERAL BUSINESS
2.1. Renaming of Friendship Hall at Saratoga Prospect Center the Jack Mallory Friendship
Hall
Recommended Action:
Adopt the resolution renaming Friendship Hall at Saratoga Prospect Center to the Jack
Mallory Friendship Hall and allocating $2,500 from the City Council Discretionary Fund for
updated signage or $3,350 from the City Council Discretionary Fund for both updated
signage and commemorative plaque.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Dave House
PAGE/ZHAO MOVED TO PLACE A PLAQUE IN HONOR OF JACK MALLORY IN
FRIENDSHIP HALL SPECIFICALLY INCLUDING HIS EFFORTS TO KEEP THE
BUILDING FOR CITY PURPOSES. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.2. Fiscal Year 2023/24 Community Event Grant Program Competitive Allocations
Recommended Action:
Consider the following Library and Community Engagement Commission recommendation
for Fiscal Year 2023/24 Community Event Grant Program competitive allocations:
• Blossom Festival Table: $500
• Mural, Mural, on the Wall: $1,700 (if final artwork follows art approval process
described in City of Saratoga Public Art Policy regardless of final mural location)
• Dragon Boat Festival: $2,000
• 'Saratoga, My Home' Public Art Contest: $1,200
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 5 of 8
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO APPROVE THE LIBRARY AND COMMUNITY
ENGAGEMENT COMMISSION RECOMMENDATIONS FOR FISCAL YEAR
2023/24 COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
ALLOCATIONS: BLOSSOM FESTIVAL TABLE: $500; MURAL, MURAL, ON THE
WALL: $1,700 (IF FINAL ARTWORK FOLLOWS ART APPROVAL PROCESS
DESCRIBED IN CITY OF SARATOGA PUBLIC ART POLICY REGARDLESS OF
FINAL MURAL LOCATION); DRAGON BOAT FESTIVAL: $2,000; 'SARATOGA,
MY HOME' PUBLIC ART CONTEST: $1,200.
Additional discussion took place.
PAGE MOVED TO APPROVE THE LIBRARY AND COMMUNITY ENGAGEMENT
COMMISSION RECOMMENDATIONS FOR FISCAL YEAR 2023/24
COMMUNITY EVENT GRANT PROGRAM COMPETITIVE ALLOCATIONS
REMOVING ALLOCATION FOR THE BLOSSOM FESTIVAL TABLE.
Motion failed for lack of a second.
Additional discussion took place.
ZHAO/WALIA MOVED TO APPROVE THE LIBRARY AND COMMUNITY
ENGAGEMENT COMMISSION RECOMMENDATIONS FOR FISCAL YEAR
2023/24 COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
ALLOCATIONS: BLOSSOM FESTIVAL TABLE: $500; MURAL, MURAL, ON THE
WALL: $1,700 (IF FINAL ARTWORK FOLLOWS ART APPROVAL PROCESS
DESCRIBED IN CITY OF SARATOGA PUBLIC ART POLICY REGARDLESS OF
FINAL MURAL LOCATION); DRAGON BOAT FESTIVAL: $2,000; 'SARATOGA,
MY HOME' PUBLIC ART CONTEST: $1,200. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, WALIA, ZHAO, FITZSIMMONS. NOES: PAGE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Los Gatos-Saratoga Community Education and Recreation Amended Lease and Park
Reservation Management Service Agreement
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with Los Gatos-
Saratoga Community Education and Recreation as well as a new service agreement for
parks reservation management.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Nancy Rollett
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 6 of 8
AFTAB/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED LEASE AGREEMENT WITH LOS GATOS-SARATOGA
COMMUNITY EDUCATION AND RECREATION AS WELL AS A NEW SERVICE
AGREEMENT FOR PARKS RESERVATION MANAGEMENT, ADDING A CHECK
IN WITH THE CITY COUNCIL ONE YEAR AFTER COMMENCEMENT OF THE
AGREEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
2.4. Group Use Permit Implementation Policy Amendment
Recommended Action:
Adopt the resolution amending the City of Saratoga Group Use Implementation Policy and
direct staff to include updates in the next Annual Code Update to reflect the changing park
reservation service model and otherwise update the Code regarding park permits.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-037
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION AMENDING THE CITY OF
SARATOGA GROUP USE IMPLEMENTATION POLICY AND DIRECT STAFF TO
INCLUDE UPDATES IN THE NEXT ANNUAL CODE UPDATE TO REFLECT THE
CHANGING PARK RESERVATION SERVICE MODEL AND OTHERWISE
UPDATE THE CODE REGARDING PARK PERMITS. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Consider Owner Occupancy Requirement for Mills Act Agreements
Recommended Action:
Provide direction to staff regarding whether the City should require that residential
buildings subject to a Mills Act agreement be owner occupied.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time: Margarete Minar, Bill Dalton, Julie Griffith
WALIA/PAGE MOVED TO DIRECT STAFF TO BRING THE LANDMARK
DESIGNATION & MILLS ACT AGREEMENT FOR 14275 SARATOGA BACK TO
THE CITY COUNCIL FOR CONSIDERATION UNDER THE CURRENT POLICY
AT THE NEXT MEETING POSSIBLE. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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PAGE/ZHAO MOVED TO DIRECT STAFF TO BRING FORWARD A MILLS ACT
POLICY DISCUSSION TO CONSIDER PLACING A HOLD ON THE REVIEW OF
MILLS ACT APPLICATIONS AND DETERMINE IF THE CITY WILL PROCEED
WITH FUTURE MILLS ACT AGREEMENTS. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.6. Emergency Communications
Recommended Action:
Receive report and provide direction on communications practices.
Lauren Blom, Public Information Officer, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
AFTAB/PAGE MOVED TO DIRECT STAFF TO LOOK INTO MAXIMIZING THE
DISTRIBUTION LIST FOR THE SARATOGA SOURCE AND EMERGENCY
SITUATIONS, REVISIT THE CRISIS COMMUNICATIONS PLAN, AND LOOK
INTO SENDING AN EMERGENCY CARD TO ALL HOMES IN SARATOGA.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
Saratoga Sister City Committee Liaison - stated the Committee changed the meeting time and it
conflicts with the May 3, 2023 City Council meeting.
Silicon Valley Clean Energy Authority Board of Directors - stated the Board met with nothing to
report.
Santa Clara County Library District Board of Directors - stated the new Chair is Susan Landry,
Vice Mayor of Campbell; Vice Chair is Mark Turner, Mayor of Morgan Hill; the Board discussed
the Semi-Annual Gift Report and received the preliminary budget report; the Finance Committee
was confirmed – Chair: Susan Landry, Vice Chair: Mark Turner, Past Chair: Dion Bracco, Liang
Chao, Cupertino, Carmen Montano, Milpitas and Saratoga City Manager James Lindsay.
KSAR Community Access TV Board – Council Member Walia discussed the passing of Station
Manager Jon Wenger.
Council Member Chuck Page
Nothing to Report
Council Member Belal Aftab
Hakone Foundation Board of Trustees – stated the Board approved moving funds from First
Republic Bank, the Board reviewed the financials and the budget, took nominations for the next
Chair of the Board, continues to review attendance at Hakone, and approved the pathways project.
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 8 of 8
Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming Memorial Day
Celebration.
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
WALIA/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:49 P.M. IN
MEMORY OF JON WENGER. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
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Saratoga City Council Minutes ~ November 15, 2023 ~ Page 1 of 8
MINUTES
WEDNESDAY, NOVEMBER 15, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Session with the Leadership Team from West Valley
College in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Bryan Swanson, Community Development Director
John Cherbone, Public Works Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
Macedonio Nunez, City Engineer
Mainini Cabute, Environmental Programs Manager
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on November 8, 2023.
REPORT FROM JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Joint Session with West Valley College
Leadership and provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON
ATTENDEES
Mayor Fitzsimmons invited public comment.
The following individuals spoke:
John Henley discussed the Saratoga Retirement Community expansion.
Tyler Hawes discussed Civic Bell.
Shawna Ballard, Marshall Zerbo, and Jody Tatro discussed the Housing Element.
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ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the All-Faith Community Thanksgiving Service, the
Annual Tree Lighting Ceremony, the City Council Reorganization, Let’s Work Saratoga Volunteer
Day, and the Celebration of Light event.
Vice Mayor Zhao shared information about the South Bay Military Veterans Chorus fundraiser.
Council Member Aftab shared information about the Saratoga History Museum event taking place
on the day of the Tree Lighting Ceremony.
Council Member Page shared information about the Candy Cane Village and Wine Stroll events.
SPECIAL PRESENTATION
New Taipei City, Friendship City Presentation
The City Council received a presentation from Katherine Tseng on New Taipei City.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
The following individual spoke: Marshall Zerbo.
Council Member Walia requested Item 1.8 be removed for separate discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 1, 2023, City Council Regular Meeting.
PAGE/ZHAO MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 1,
2023, CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 10/26/2023 and 11/02/2023 accounts payable vendor payment check
registers.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE 10/26/2023 AND 11/02/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
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1.3. Treasurer’s Report for the Month Ended September 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended September 30, 2023.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED SEPTEMBER 30, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.4. Final Map Approval for Two Lots Located at 14564 Chester Ave.
Recommended Action:
Adopt the Resolution granting final map approval of parcel map application No. ULS22-
0005 for two lots located at 14564 Chester Avenue (APN: 397 04 104).
RESOLUTION 23-086
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP
APPROVAL OF PARCEL MAP APPLICATION NO. ULS22-0005 FOR TWO LOTS
LOCATED AT 14564 CHESTER AVENUE (APN: 397 04 104). MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.5. Youth Commission Fundraising Plan 2023/24
Recommended Action:
Approve the 2023/24 Youth Commission Fundraising Plan to collect donations and seek
sponsorships of various Youth Commission initiatives, activities, and events.
PAGE/ZHAO MOVED TO APPROVE THE 2023/24 YOUTH COMMISSION
FUNDRAISING PLAN TO COLLECT DONATIONS AND SEEK SPONSORSHIPS
OF VARIOUS YOUTH COMMISSION INITIATIVES, ACTIVITIES, AND EVENTS.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
1.6. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of
the District for FY 24-25.
Recommended Actions:
1. Adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Adopt the Resolution appointing the Attorneys for the District.
RESOLUTION 23-084
RESOLUTION 23-085
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S
REPORT AND ADOPT THE RESOLUTION APPOINTING THE ATTORNEYS FOR
THE DISTRICT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE
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1.7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 24-25 for Annexation of
New Zone, Quito Oaks - Zone 40, to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 24-
25 for the annexation of New Zone (Quito Oaks – Zone 40) into the Landscaping and
Lighting Assessment District LLA-1.
2. Adopt the Resolution of Intention.
RESOLUTION 23-087
RESOLUTION 23-088
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY
APPROVAL OF THE ENGINEER'S REPORT FOR FY 24-25 FOR THE
ANNEXATION OF NEW ZONE (QUITO OAKS – ZONE 40) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.8. Budget Adjustment and Contract Amendments for Housing Element Contracts with
Urban Planning Partners and Lisa Wise Consulting, Inc.
Recommended Actions:
1. Adopt budget adjustment resolution for FY 2023/24 in the amount of $218,794 for work
on Saratoga’s 2023-2031 Housing Element Update.
2. Authorize the City Manager to execute a contract amendment with Urban Planning
Partners (UPP) for continued work on the Housing Element Update and General Plan
Amendment Environmental Impact Report (EIR) in the amount of $113,0000 for FY
2023/24.
3. Authorize the City Manager to execute a contract amendment with Lisa Wise Consulting,
Inc. (LWC) for continued work on the Mixed-Use/Multi-Family Design Standards in the
amount of $29,876 for FY 2023/24.
RESOLUTION 23-089
PAGE/WALIA MOVED TO ADOPT THE BUDGET ADJUSTMENT RESOLUTION
FOR FY 2023/24 IN THE AMOUNT OF $218,794 FOR WORK ON SARATOGA’S
2023-2031 HOUSING ELEMENT UPDATE, AUTHORIZE THE CITY MANAGER
TO EXECUTE A CONTRACT AMENDMENT WITH URBAN PLANNING
PARTNERS (UPP) FOR CONTINUED WORK ON THE HOUSING ELEMENT
UPDATE AND GENERAL PLAN AMENDMENT ENVIRONMENTAL IMPACT
REPORT (EIR) IN THE AMOUNT OF $113,0000 FOR FY 2023/24, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT
WITH LISA WISE CONSULTING, INC. (LWC) FOR CONTINUED WORK ON THE
MIXED-USE/MULTI-FAMILY DESIGN STANDARDS IN THE AMOUNT OF
$29,876 FOR FY 2023/24. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE
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2. GENERAL BUSINESS
2.1. 2023 Community Assessment Survey for Older Adults (CASOA) Report
Recommended Action:
Receive 2023 Community Assessment Survey for Older Adults (CASOA) report from
Senior Coordinating Council (SASCC) Executive Director Tylor Taylor.
Leslie Arroyo, Assistant City Manager, and Tylor Taylor, Senior Coordinating Council
Executive Director presented the staff report and results from the Community Assessment
Survey.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
No action needed, receive and file.
2.2. Santa Clara County Law Enforcement Contract Extension
Recommended Action:
Authorize the City Manager to provide written notice of renewal by City and Santa Clara
County for Law Enforcement Services from July 1, 2024, through July 1, 2029.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Jody Tatro, Marshall Zerbo
WALIA/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO PROVIDE
WRITTEN NOTICE OF RENEWAL BY CITY AND SANTA CLARA COUNTY FOR
LAW ENFORCEMENT SERVICES FROM JULY 1, 2024, THROUGH JULY 1, 2029.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
2.3. Mills Act Program Policy Review
Recommended Action:
Review the City’s existing Mills Act Program and provide direction to staff regarding
possible changes.
Bryan Swanson, Community Development Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Marilyn Marchetti, Priya Shastri, Bill Dalton
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Saratoga City Council Minutes ~ November 15, 2023 ~ Page 6 of 8
PAGE/WALIA MOVED TO DIRECT STAFF TO AMEND THE MILLS ACT
PROGRAM AS FOLLOWS: ISSUE A NOTICE OF NON-RENEWAL FOR ALL
CURRENT MILLS ACT AGREEMENTS AND IMMEDIATELY UPON ENTERING
A NEW MILLS ACT AGREEMENT SO THAT THE NEW AGREEMENTS REMAIN
IN PLACE FOR ONLY TEN YEARS, CHANGE THE REQUIREMENTS OF THE
PROGRAM TO REQUIRE SATISFACTION OF FOUR OF THE SEVEN CRITERIA
LISTED IN THE MUNICIPAL CODE, AND INCLUDE STRINGENT
REQUIREMENTS IN MAINTENANCE PLANS FOR MILLS ACT PROPERTIES.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.
2.4. Discussion of Public Art Commission
Recommended Action:
Provide direction to staff.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO AMEND MUNICIPAL CODE SECTION 2-12.020(A)2 TO
ELIMINATE THE MEETING ATTENDANCE REQUIREMENT FOR
COMMISSION APPLICANTS WHEN A QUORUM OF THE MEMBERSHIP DOES
NOT EXIST.
Additional discussion took place.
PAGE/FITZSIMMONS MOVED TO DIRECT STAFF TO BRING BACK A
RESOLUTION TO DISBAND THE PUBLIC ART COMMISSION, INCREASE THE
LIBRARY AND COMMUNITY ENGAGEMENT COMMISSION TO SEVEN
MEMBERS, AND CHANGE THE NAME TO LIBRARY AND PUBLIC ARTS
COMMISSION. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, FITZSIMMONS. NOES: WALIA, ZHAO. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
2.5. Annual Review --Saratoga Climate Action Plan 2030
Recommended Action:
Accept report on the Annual Review of the City’s Climate Action Plan.
Mainini Cabute, Environmental Programs Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Jim Cargill
No action needed, receive and file.
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2.6. American Rescue Plan Act of 2021 (ARPA) funds - Update
Recommended Action:
Receive updates on the American Rescue Plan Act of 2021 (ARPA) funded projects.
Macedonio Nunez, City Engineer, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bill Dalton
No action needed, receive and file.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors – stated Joint Powers Authority
formation was approved by the Board of Directors - 12 of the 15 cities have agreed to the
agreement; the 2024 Officers were appointed as follows: President Neysa Fligor (Los Altos), First
Vice-President Larry Klein (Sunnyvale), Second Vice-President Tina Walia (Saratoga),
Secretary/Treasurer Hung Wei (Cupertino), Immediate Past President Margaret Abe-Koga
(Mountain View).
Silicon Valley Clean Energy Authority Board of Directors – stated the Board appointed Monica
Padilla as the new CEO effective April, 2024; authorized a contract for a 100MW wind project;
approved implementing a Statewide Billing Tariff; provided direction to update Clean Power
Offers for 2024, and updated the modernization of permitting and policies.
Council Member Chuck Page
Saratoga Chamber of Commerce Board – stated he attended the meeting, nothing to report
West Valley Clean Water Program Authority Board of Directors – stated he attended the meeting,
nothing to report
West Valley Solid Waste Management Authority Board of Directors – stated the Board received
an overview of potential new enforcement procedures and fees that begin January 2024 due to SB
1383.
Council Member Belal Aftab
Valley Transportation Authority (VTA) Policy Advisory Committee – stated 27 bus operators
recently graduated, bike education videos are available on VTA’s website and stated an audit will
be occurring soon.
Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming Community
Thanksgiving Event.
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
Aftab/Page requested that the City Council consider adding parking spots at the Prospect Center
as a Council Nominated CIP Project.
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COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ADJOURNMENT
Mayor Fitzsimmons adjourned the meeting at 10:52 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
170
APN Address Commissioner Status
503 24 087 3rd Street 20640 Boyce-Bender Owner working on obtaining documents
503 48 045 Congress Springs Rd 22000 (Quarry)Minar Loading Structure
503 23 008 Marion Rd 20602 Boyce-Bender Need criteria for HRI
APN Address Year Entered into Contract Notes
389-04-007 Shubert Drive 19277 2020 Year 1 Complete
389-05-016 DeHavilland Drive 19174 2021 Begins tax year 2023/2024
397-19-010 Fruitvale Avenue 15095 2014 Years 1-7 Completed
397-22-053 Oak Place 14475 2019 Years 1-2 Completed
397-25-099 Saratoga Avenue 14065 2013 Years 1-8 Completed
517-08-017 Orchard Road 20331 2019 Years 1-2 Completed
517-11-005 Saratoga Los Gatos Road 20280 2021 Year 1 Complete
517-22-130 Peach Hill Road 15320 2020 Years 1-2 completed
517-08-047 Oak Street 14666 2022 Begins tax year 2024/25
397-310001 Saratoga Avenue 14275 2023 Begins tax year 2024/25
Oak Street HPC members are researching
April 13, 2024
TBD
TBD
TBD
May 2024
$11,000.00
$10,266.40
Ongoing
Ongoing
Ongoing
Ongoing
Ongoing
Ongoing
Potential Heritage Resource Inventory Candidates
2023/24 Point of Interest Markers (POI)
Potential Heritage Plaques/Signage
Events
Current Mills Act Properties
Saratoga Jail
Balance
Saratoga Ave Heritage Lane Inventory
Village Inventory
Community Outreach via Social Media
Training
Other
Saratoga Jail Research
Heritage Orchard Sign
Preservation Month 2024
Harvest Day 2024
Approved
Budget
Blossom Festival 2024
State of the City 2024
Arbor Day 2024
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